IN THE CASE OF:  	  

		BOARD DATE:  2 July 2015	  

		DOCKET NUMBER:  AR20140020855 


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 two DD Forms 214 (Report of Separation from Active Duty) to show his middle initial "W" instead of his full middle name as "Wxxxxxx."

2.  The applicant states his name is listed incorrectly on his DD Form 214.

3.  The applicant provides copies of his:

* Pennsylvania Driver's License
* U.S. Department of Veterans Affairs (VA) Identification (ID) Card
* Social Security Number (SSN) Card
* DD Form 214 (issued 12 June 1970 and 30 January 1974)

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 19 June 1968, the applicant was inducted into the Army of the United States.  His DD Form 47 (Record of Induction) lists the middle name completely spelled out, which he now claims is incorrect.

3.  The DD Form 398 (Statement of Personal History) prepared during the applicant’s induction processing prepared upon his entry on active duty lists the middle name he claims is incorrect.  All documents contained in his Official Military Personnel File (OMPF) list the middle name, when required, that he now claims is incorrect.

4.  The applicant was honorably released from active duty (REFRAD) in the rank of specialist four/E-4 on 12 June 1970.  Item 1 (Last Name-First Name-Middle Name) of the DD Form 214 issued to him lists his middle name as "Wxxxxxxx."

5.  On 29 March 1971, the applicant enlisted in the Regular Army.  The DD Form 398 and DD Form 4 (Enlistment Contract-Armed Forces of the United States) completed during his enlistment processing both list his complete middle name, which he claims is incorrect.

6.  On 30 January 1974, he was honorably REFRAD.  The DD Form 214 issued to him at that time lists his middle name in item 1 and he authenticated this document by signing his full name which included his complete middle name.

7.  He provides a copy of his current driver's license, VA ID card, and SSN card.  Each of these documents list his name to reflect his first name, middle initial, and last name.

8.  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.  It establishes standardized policy for preparation of the DD Form 214.  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.  It states to enter the last name, first name, and full middle name or names, if any, in item 1.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his middle name as "W."  However, the evidence of record confirms that during his initial induction and his enlistment processing, he recorded his full middle name as "Wxxxxxxx."  In addition, by regulation the Soldier's last, first, and full middle names are to be listed in item 1 of the DD Form 214.

2.  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 changing those records.  While it is understandable that the applicant now desires to record his current last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

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

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20140020855





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ABCMR Record of Proceedings (cont)                                         AR20140020855



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