IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008244
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Olaf" instead of "Olvf."
2. The applicant states his middle name is misspelled.
3. The applicant lists his birth certificate as an enclosure but it is not provided with his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History). He listed a full name that contains the middle name "Oluf" (the letter "u" in the third digit). He authenticated this form with his signature using this middle name.
3. He was inducted into the AUS on 8 August 1967. His DD Form 47 (Record of Induction) listed his middle name as "Oluf."
4. Several documents in his service record listed his middle name as "Oluf":
* DA Form 428 (Application for Identification Card)
* DA Form 41 (Record of Emergency Data)
* Separation orders
* Report of Medical Examination
* Report of Medical History
* Clinical records
5. He was honorably released from active duty on 23 March 1969. His DD Form 214 shows in Item 1 (Last Name-First Name-Middle Name) his middle name as "Olvf" (the letter "v" in the third digit).
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant used the middle name "Oluf" upon his induction into the AUS. This middle name is consistent with the middle name on all official military records throughout his military service. He authenticated several forms that contain this middle name. Although the middle name listed on his DD Form 214 is clearly in error as it is shown as "Olvf" instead of "Oluf", he did not use the middle name "Olaf" during his military service. If he desires to correct his middle name to "Oluf" he may do so by submitting a separate application to this Board.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record a different middle name and in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his middle name. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140008244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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