IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013786
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 (Report of Separation From the Armed Forces of the United States) to correct the order of his first and middle names.
2. The applicant states that his name should read Joseph Kyle L_____ vice Kyle Joseph L_____.
3. The applicant provides his DD Form 214 and Certificate of Birth.
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. Item 1 (Last name - First Name - Middle Name) of his DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 7 June 1954, under the name L_____, Kyle Joseph.
3. All of the official documents contained in his Official Military Personnel File (OMPF) show his first name and middle name as Kyle Joseph. That is also how he signed the documents.
4. On 6 June 1956, he was honorably released from active duty after completing 2 years of active military service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as L_____, Kyle Joseph.
5. He submitted his Commonwealth of Virginia, Standard Certificate of Birth, certified on 3 September 1957, which shows his name as Joseph Kyle L_____.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also establishes standardized policy for preparation of the DD Form 214. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to change his DD Form 214 to show his name as shown on his birth certificate is understood, the available evidence shows he entered, served, and was separated from active duty under the name shown on his DD Form 214 and all other documents in his OMPF.
2. 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. There appears to be no compelling reason to compromise the integrity of the Army's records by changing the order of his first and middle names at this late date.
3. This Record of Proceedings will be filed in his OMPF to provide clarity and to resolve any confusion that may arise regarding the difference in the name he used when he served on active duty and the name he currently uses.
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.
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