IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140010910
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) by deleting his middle name.
2. The applicant states his name is V_ _ _ (no middle name) E_ _ _.
3. The applicant provides a copy of his birth certificate, issued on 7 November 1995.
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. On 17 March 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his first, middle, and last names as V_ _ _
A_ _ _ E_ _ _.
3. He was inducted into the Army of the United States on 17 March 1969. His DD Form 47 (Record of Induction) shows his first, middle, and last names as
V_ _ _ A_ _ _ E_ _ _.
4. His military records include the following documents that show his first, middle, and last names as shown on his DD Form 47:
* DA Form 41 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* DD Form 1584 (National Agency Check Request)
* DD Form 369 (Police Record Check)
* separation orders
5. He was released from active duty on 16 March 1971. His DD Form 214 shows his first, middle, and last names as shown on his DD Form 47.
6. His military records indicate he served under the first, middle, and last names of V_ _ _ A_ _ _ E_ _ _ throughout his entire period of military service. There is no evidence indicating he ever omitted his middle name throughout his military service.
7. He provided a copy of his certification of birth, issued on 7 November 1995, showing his full name as V_ _ _ (no middle name) E _ _ _.
8. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he served under the first, middle, and last names of V_ _ _ A_ _ _ E_ _ _ throughout his entire period of military service.
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 his desire to now record his full name as shown on his certification of birth in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the full name recorded in his military record and to satisfy his desire to have the full name he claims is correct documented in his OMPF.
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) AR20140010910
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ABCMR Record of Proceedings (cont) AR20140010910
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