IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002818
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty), dated 18 May 1978, to show his first name as "Quincy" instead of "Quince." He further requests, in effect, that the "service date" shown on his DD Form 214 be changed to read an unspecified date other than "11-19-1975."
2. The applicant states, in effect, the first name and the date he entered the service are incorrect as reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Special Orders Number 062, dated 29 March 1976.
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 available records show that the applicant enlisted in the Regular Army on 19 November 1975, under the name "Quince."
3. Review of the documents filed in applicant's official military record shows "Quince" as his first name and the same name is shown on every document contained in his record requiring its use.
4. The applicant was honorably released from active duty on 18 May 1978 for the purpose of immediate reenlistment. The DD Form 214 he received shows "Quince" as his first name and the date he entered the service as 19 November 1975. It further shows he signed his name as "Quince" on this document.
5. There are no documents in his record spelling his first name "Quincy." He provides a copy of Special Orders Number 062 and on these orders his first name is "Quince."
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. There are no documents in his record spelling his first name "Quincy." Every document filed in the applicant's official military record containing his first name shows "Quince" as his first name.
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 that those records be changed. While the applicant's desire to record his proper first name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Evidence shows that the applicant's DD Form 214 properly shows the date he entered the service as 19 November 1975.
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.
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