IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020705
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 "Nykola" instead of "Nycola."
2. The applicant states his middle name is misspelled.
3. The applicant provides a copy of his birth certificate and his DD Form 214.
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) under the Delayed Entry Program (DEP) on 17 December 1969. Item 5 (Last Name-First Name-Middle Name) of his DEP DD Form 4 (Enlistment Contract) listed his middle name as "Nycola" (the letter "c" in the third place). He authenticated this form with his signature using this middle name.
3. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History). He listed a full name that contains the middle name "Nycola" (the letter "c" in the third place). He authenticated this form with his signature also using this middle name.
4. He was discharged from the DEP on 26 January 1970 and enlisted in the Regular Army on 27 January 1970. His RA DD Form 4 also listed his middle name as "Nycola." He authenticated this form with his signature using this middle name.
5. Several documents in his service record listed his middle name as "Nycola":
* DD Form 1584 (National Agency Check Request)
* DA Form 2784 (Request for and Results of Personnel Security Action)
* SGLI Election Certificate
* Separation orders
* Report of Medical Examination
* Armed Forces Fingerprint Card
6. He was honorably released from active duty on 26 January 1973. His
DD Form 214 shows in Item 1 (Last Name-First Name-Middle Name) his middle name as "Nycola" (the letter "c" in the third place).
7. He provides a birth certificate that lists his middle name as "Nykola" (the letter "k" in the third place).
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant used the middle name "Nycola" upon his enlistment in the DEP and the RA. This middle name is consistent with the middle name on all official military records throughout his military service. He authenticated several forms that contain this middle name. He did not use the middle name "Nykola" during his 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 the applicant desires to now record a different middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his middle name. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief. A copy of this decisional document will be filed in his military record. This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in his military 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 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) AR20140020705
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140020705
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140008244
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) listed his middle name as "Oluf." The evidence of record shows the applicant used the middle name "Oluf" upon his induction into the AUS.
ARMY | BCMR | CY2012 | 20120004548
His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his middle initial as "W" and his year of birth as 1942. The evidence of record shows the applicant used the middle name "Worsely" and listed the year of his DOB as 1942 upon his initial enlistment in the ARNG and upon his subsequent enlistment in the RA. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2015 | 20150001305
In block 23 (If preferred enlistment name (given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following: a (Name as Shown on Birth Certificate), he entered the last name of D______a (emphasis added). His DD Form 214 correctly shows his last name as S___s, which was the last name he used at the time. ABCMR Record of Proceedings (cont) AR20150001305 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130002558
His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his SSN with the third digit as 5. _______ _ 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) AR20130002558 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002558 3 ARMY BOARD...
ARMY | BCMR | CY2014 | 20140016353
The applicant requests correction of his records to show his middle name as T_____a R_______n vice C____. 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____. His DD Form 4, dated 28 April 1986, shows his middle name as C____.
ARMY | BCMR | CY2014 | 20140016306
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XX3-XX-XXXX vice XX6-XX-XXXX. Page 4 of his DD Form 4, dated 5 March 1980, shows his SSN with the third digit as 6. The evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his SSN with the third digit as 6 and this is the SSN he used throughout his active duty service.
ARMY | BCMR | CY2012 | 20120022944
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) with the last three digits as "164" vice "604." The evidence of record shows the applicant listed his SSN with the last three digits as "604" upon his enlistment in the USAR DEP and the RA. _______ _ 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...
ARMY | BCMR | CY2012 | 20120020312
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The evidence of record shows that upon his induction and subsequent enlistment in the Army, the applicant listed his first name as "Jovencio."
ARMY | BCMR | CY2012 | 20120022215
Several documents in his service record listed his first name as "Douglas," his middle name as "Macarthur," and his year of birth as 1945: * DD Form 1584 (National Agency Check Request) * DA Form 41 (Record of Emergency Data) * Separation orders * Report of Medical Examination * Report of Medical History * Clinical records 6. The evidence of record shows the applicant used the first name "Douglas," the middle name "Macarthur," and the year of birth as 1945 upon his induction into the AUS. ...
ARMY | BCMR | CY2011 | 20110024113
The applicant provides his DD Form 214. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his middle initial as F. He authenticated this form by placing his signature in the appropriate block on 16 August 1965 and reviewing the form at a later date. Item 1 of the DD Form 214 he was issued shows the initial "A" between his first and middle name and shows his middle name as "Fredrick."