IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140015329
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) by changing his first name to Bobbie.
2. The applicant states, in effect, that his birth certificate shows his first name as Bobbie and he wants it shown on his DD Form 214.
3. The applicant provides copies of:
* State of New Jersey Certification of Birth, issued on 10 December 2001
* DD Form 214 for the period ending on 13 October 1978
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 16 October 1975, the applicant enlisted in the Regular Army using "Robert" as his first name.
3. On 13 October 1978, the applicant was released from active duty and transferred to the Individual Ready Reserve.
4. On 5 December 1978, the applicant enlisted in the New Jersey Army National Guard (NJARNG).
5. On 2 October 1980, the applicant was honorably separated from the NJARNG.
6. A review of the applicants Official Military Personnel File (OMPF) shows that every document in his record uses "Robert" as his first name. These documents include:
* DD Form 214 ending in 1978
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States dated in 1978
* Nation Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 2 October 1980
* DA Form 2-1 (Personnel Qualification Record Part II)
7. A review of signed documents in the applicants OMPF showed he consistently signed his signature using "Robert" as his first name.
8. The birth certificate provided by the applicant shows his first name as "Bobbie."
9. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected by changing his first name to "Bobbie."
2. The available evidence clearly shows the applicant consistently used "Robert" as his first name while in the military service. Furthermore, he has not provided any documentary evidence showing that the use of "Robert" as his first name in his military records has or is causing him harm.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015329
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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