IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20140021484 


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 item 1 (Name (Last, first, middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the first and middle names "Michael Scott" instead of "Scott Michael."

2.  The applicant states his birth certificate shows his first and middle names as "Michael Scott."  He entered into the military under the wrong name according to his birth record and wrong social security number (SSN).  The errors were discovered after his expiration of term of service.  The SSN error has been rectified.  His current driver license, etc., lists his actual first and middle names as "Michael Scott."  He currently has a claim pending with the Department of Veterans Affairs (VA).  All current VA records show his first name as "Michael."  He grew up being called "Scott" as he never saw his original birth certificate.  The error was discovered in 1992.

3.  The applicant provides:

* birth certificate
* social security card
* driver license

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 the cases 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.

2.  The applicant's Regular Army (RA) military records contain the following:

* DD Form 1966/1 (Application for Enlistment – Armed Forces of the United States), dated 4 October 1979, which lists his first and middle names as "Scott Michael"
* DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 5 October 1979, which lists his first and middle names as "Scott Michael"
* social security card which lists his first name as "Scott" and the initial "M" for his middle name

3.  He enlisted in the RA on 23 October 1979.  His records also contain the following:

* Enlistment/Travel Order Number 211-3, dated 23 October 1979, which lists his first name as "Scott" and the initial "M" for his middle name
* DD Form 93 (Record of Emergency Data), dated 9 September 1981, which lists his first and middle names as "Scott Michael"
* DA Form 2-1 (Personnel Qualification Record – Part II), dated 24 February 1982, which lists his first and middle names as "Scott Michael"

4.  He was released from active duty on 15 October 1982 and was transferred to the U.S. Army Reserve (USAR).  Item 1 of his DD Form 214 lists his first and middle names as "Scott Michael."

5.  His Army National Guard (ARNG) records contain the following:

* DD Form 1966/1, dated 2 November 1982, which lists his first and middle names as "Scott Michael" 
* DD Form 4/1, dated 2 November 1982, which lists his first and middle names as "Scott Michael"

6.  He enlisted in the Washington ARNG (WAARNG) on 2 November 1982.  His records also contain the following:

* DA Form 2-1, dated 12 November 1982, which lists his first and middle names as "Scott Michael"
* DD Form 93, dated 6 February 1983, which lists his first and middle names as "Scott Michael"

7.  He was released from the WAARNG on 1 November 1983 and was transferred to the USAR.  Item 1 (Last Name – First Name – Middle Name) of his National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his first and middle names as "Scott Michael."

8.  Orders Number D-10-065424, issued by the USAR Personnel Center on 17 October 1985, discharged him from the USAR on 22 October 1985.  The orders list his first and middle names as "Scott Michael."

9.  He provided copies of the following:

* Oregon State birth certificate, issued on 15 September 1992, which identifies an individual with the first and middle names "Michael Scott" and the same last name and date of birth of record as the applicant
* social security card, issued on 17 March 2011, which lists his first and middle names as "Michael Scott"
* driver license, issued on 11 May 2011, which lists his first and middle names as "Michael Scott"

10.  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 the standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the RA, USAR, and WAARNG using the first and middle names "Scott Michael."  There is no 
evidence of record and he did not provide sufficient evidence to show the first and middle names listed on his DD Form 214 were not the order in which he used his first and middle names at the time.  

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

3.  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 that he now desires to record the order of names he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  A copy of this decisional document will be filed in his records to clarify the difference between the current order of his first and middles names and the order of those names during his periods of service in the RA, USAR, and WAARNG.

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)                                         AR20140021484





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021484



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1