IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017075
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 (Certificate of Release or Discharge from Active Duty) to show the proper spelling of his middle name as RAYN__.
2. The applicant states:
* he attempted to correct the error years ago while he was still serving on active duty
* his retired identification card has the correct spelling of his middle name, but his DD Form 214 does not
3. The applicant provides:
* U.S. Uniformed Services Identification Card (Retired)
* social security card
* Minnesota driver's license
* U.S. Passport
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 Regular Army on 30 August 1984 and he retired on 31 December 2007 in the rank of sergeant first class.
3. His five DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States) show his middle name as RN__.
4. Item 1 (Name Last, First, Middle) of his DD Form 214 shows his middle name as RN__.
5. His service personnel records consistently show his middle name as RN__.
6. Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for preparation of the DD Form 214. 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. Detailed instructions for item 1 stated to enter the individual's name in all capital letters and include "SR," "JR" or "II," if appropriate. Compare the individual's Enlisted Record Brief to his or her contract for a possible name change.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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.
2. The applicant's five DD Forms 4 and all other service personnel records consistently show his middle name as RN__. It appears he served exclusively under the middle name RN__. While his desire to have his military records changed to show the spelling of the middle name he now uses is understandable, there is no basis for compromising the integrity of the Army's records, in particular, his DD Form 214.
3. The applicant is advised that a copy of this decisional document which confirms the current spelling of his middle name as RAYN__ will be filed in his military service records. This should serve to satisfy his desire to have the current spelling of his middle name documented in his military service records and to clarify any questions or confusion regarding the difference in the middle name recorded in his military service records.
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 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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