IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016148 


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 "Eugene." 

2.  The applicant states his middle name is incorrect on his DD Form 214.  

3.  The applicant provides his DD Form 214, a Certificate of Baptism,                DD Form 44 (Record of Military Status of Registrant), and his Notification of Birth Registration. 

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 16 July 1960 the applicant was ordered to active duty.
3.  He was honorably released from active duty on 21 December 1960.  The    DD Form 214 he was issued at the time shows his middle name as "Edward."

4.  His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States) that shows his middle name as "Edward."  Review of the applicant's official military personnel file (OMPF) reflects his middle name as "Edward" throughout his record.  There are no documents in his OMPF that show "Eugene" as his middle name.  He also signed multiple documents with his middle name as "Edward."

5.  He provides a copy of his Certificate of Baptism and his Notification of Birth Registration that show his middle name as "Eugene."

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.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.

DISCUSSION AND CONCLUSIONS:

1.  His record shows he enlisted into the military and served throughout using the middle name "Edward."

2.  Notwithstanding the middle name shown on his Certificate of Baptism and his Notification of Birth Registration, in the absence of compelling information to the contrary, there is an insufficient basis for changing his records to show his middle name as that shown on the aforementioned documents.  The evidence of record shows he served on active duty under the same middle name he provided upon his enlistment.

3.  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 middle name in his military records, as that shown on the documents he provided to the Board there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his middle name documented in his OMPF.

5.  In view of the foregoing, 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)                                         AR20140016148



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ABCMR Record of Proceedings (cont)                                         AR20140016148



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