IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017169
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 correct the order of his first and middle names.
2. The applicant states:
* that his name should read L____ H_____C_____ vice H_____ L____ C_____
* when he signed up for the draft the clerk put his father's name, "H_____ L____ C_____" on the paperwork instead of his
* he did not know it was wrong until he received his draft notification in 1960
* for the next 2 years whenever he gave the Army his correct name they acted like he did not know his own name
* he did not know until 22 September 2014, that he could have it corrected
3. The applicant provides his DD Form 214 and Certification 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
8 September 1960, under the name C_____, H_____ L____.
3. His Official Military Personnel File (OMPF) contains the following documents:
a. a Standard Form 88 (Report of Medical Examination), dated 14 June 1960, which shows his name as C_____, H_____ L____.
b. DA Form 24 (Service Record), dated 21 August 1962, which shows his name as C_____, H_____ L____.
4. On 21 August 1962, he was honorably released from active duty after completing 1 year, 11 months, and 14 days of active military service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as C_____, H_____ L____.
5. He submitted his:
* State of Ohio, Certification of Birth, dated 29 September 1962, which shows his name as L____ H_____ C_____
* Social Security card which shows his name as L_____ H_____ C_____
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.
ABCMR Record of Proceedings (cont) AR20140017169
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ABCMR Record of Proceedings (cont) AR20140017169
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