IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011144 


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 Separation or Discharge) to show his: 

* first name as Stephen vice Stanley
* his middle name as Nathan instead of Nathen

2.  The applicant states the Army never verified his exact name on enlistment.  At the time of his enlistment he gave the Army what he thought was his real name.  It was actually his nick name and he went by it throughout his life. 

3.  The applicant provides:

* DD Form 214 
* Certificate of Birth
* State driver license
* Medicare Card

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.  The applicant underwent a pre-induction physical on 28 January 1963.  His Standard Form 88 (Report of Medical Examination) listed his first name as Stanley and his middle name as Nathen. 

3.  He was inducted into the Army of the United States on 26 September 1963.  His DD Form 47 (Record of Induction) listed his first name as Stanley and his middle name as Nathen. 

4.  On 26 September 1963, Headquarters, U.S. Army Recruiting Station, New York, NY, published Special Orders Number 191 ordering him to active duty.  The orders listed his first name as Stanley and his middle initial as "N." 

5.  His DA Form 24 (Service Record) which was created upon his entry on active duty listed his first name as Stanley and his middle name as Nathen. 

6.  His DA Form 20 (Enlisted Qualification Record) which replaced his DA Form 24 listed his first name as Stanley and his middle initial as "N." He signed this form using the first name Stanley and the middle initial "N." 

7.  His records contain multiple documents that listed his first name as Stanley and his middle name as Nathen or his middle initial as "N."  He authenticated some of these documents with his signature using the first name Stanley and the middle initial "N."  

* Request for Investigation 
* Driver Qualification Record
* Certificate of Clearance and Security Determination 
* Record of Emergency Data
* Separation Physical

8.  He was honorably released from active duty on 24 September 1965 and he was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations.  

9.  Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 listed his first name as Stanley and his middle name as Nathen.  He authenticated this form with his signature using the first name Stanley and the middle initial "N." 
10.  After his separation, the U.S. Army Reserve mailed him several forms, called USAAC Form 171 (Army Reserve Status and Address Verification).  Each of these forms listed his first name as Stanley and his middle name as Nathen.  In each case, he was asked to make any administrative corrections and/or verify his address.  He did not mention his name was incorrect. 

11.  He provides: 

	a.  A certificate of live birth listing an individual with the same date of birth and with the first name as Stephen and the middle name as Nathan. 

	b.  A State driver license and Medicate card also listing an individual born on the same date with the first name as Stephen and the middle name as Nathan. 

11.  Army Regulation 635-5 (Separation Documents) establishes 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 first name Stanley and the middle name Nathen when he was first inducted into the Army of the United States.  These first and middle names are consistent with the first and middle names on all official military records throughout his military service.  He authenticated several forms that contain these names.  He did not use the first and middle names he currently uses during his military service.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 his correct first and middle names in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service record, including the DD Form 214, were correct at the time.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4.  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 first and middle names recorded in his military record and to satisfy his desire to have his current first and middle names 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)                                         AR20140011144





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ABCMR Record of Proceedings (cont)                                         AR20140011144



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