IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021211
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 Stanley instead of Stephen.
2. The applicant states he erred when he filled out the paperwork on active duty.
3. The applicant provides a copy of his Certificate 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants complete military records are not available to the Board for review. This case is being considered using the applicant's DD Form 214 and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
3. The applicant enlisted New York Army National Guard (NYARNG) on 6 April 1970, and entered active duty training (ADT) on 21 August 1970. Upon successful completion of ADT, he was honorably released from active duty (REFRAD) on 17 January 1971.
4. The DD Form 214 issued the applicant upon his REFRAD shows he completed 4 months and 28 days of creditable active duty service. It also lists the middle name as Stephen and he authenticated this document with his signature by signing the same middle name in Item 32 (Signature of Person Being Separated) on the date of his separation.
5. The applicant provides a copy of his Certificate of Birth issued on 9 September 1948. This document lists his middle name as Stanley.
6. 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 applicant contends his middle name is incorrectly listed on his
DD Form 214. However, the evidence of record shows he enlisted in the NYARNG and performed his ADT service under the middle name he now claims is incorrect and he authenticated his DD Form 214 by signing his name with the same middle name of "Stephen."
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 he now desires to record the name shown on his birth certificate and social security card 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. He is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). 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) AR20140021211
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ABCMR Record of Proceedings (cont) AR20140021211
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