IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016353 


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 records to show his middle name as T_____a R_______n vice C____.

2.  The applicant states C____ is not his middle name.

3.  The applicant provides a birth certificate.

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 enlisted in the U.S. Army Reserve (USAR) on 10 April 1985.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 10 April 1985, shows his middle name as C____.  He authenticated this form by placing his signature in the appropriate block on that date using the middle name of C____.

3.  On 23 April 1985, he entered active duty for training (ADT) as a member of the USAR.  On 26 September 1985, he was honorably released from ADT to the control of the USAR.  

4.  Item 1 (Name (Last, First, Middle)) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period of service shows his middle name as C____.  He authenticated this form by placing his signature in the appropriate block on that date.

5.  On 28 April 1986, he enlisted in the USAR Delayed Entry Program (DEP).  His DD Form 4, dated 28 April 1986, shows his middle name as C____.  He was discharged from the USAR DEP on 26 May 1986.

6.  On 27 May 1986, he enlisted in the Regular Army (RA).  Page 3 of his DD Form 4, dated 27 May 1986, shows his middle name as C____.  He authenticated this form by placing his signature in the appropriate block on that date using the middle name of C____.

7.  His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty in the RA shows his middle name as C____.

8.  His record contains many personnel, medical, and legal documents that all show his middle name as C____.  He authenticated many of these forms by placing his signature in the appropriate block.

9.  He was honorably released from active duty on 24 March 1988 and he was transferred to the USAR.  Item 1 of the DD Form 214 he was issued for this period of service shows his middle name as C____.

10.  Orders D-04-331983, dated 13 April 1993, issued by the USAR Personnel Center, honorably discharged him from the USAR.  These orders show his middle name as C____.

11.  The applicant provides a County of Los Angeles Certificate of Live Birth, issued on 28 April 2005, wherein it shows his middle name as T_____a R_______n.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant listed his middle name as C____ upon his enlistment in the USAR and his enlistment in the RA.  This is the middle name he used throughout his military service and it is properly shown on his DD Forms 214.  He authenticated many documents by placing his signature in the appropriate block indicating this middle name was correct.  He did not use the middle name that he now claims during his 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 it is understandable that he now desires to record a different middle name in his military records, 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.  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 listed as it is on the form he provided.

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)                                         AR20140016353





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ABCMR Record of Proceedings (cont)                                         AR20140016353



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