IN THE CASE OF:
BOARD DATE: 22 OCTOBER 2015
DOCKET NUMBER: AR20150004219
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 (Certificate of Release or Discharge from Active Duty) to reflect the spelling of his first name as B___IE instead of B___Y.
2. The applicant states his first name is spelled ending in "ie" instead of "y." The discrepancy between the spelling of his first name as it appears on his DD Form 214 and as it appears on his social security card causes problems.
3. The applicant provides:
* DD Form 214
* social security card
* birth certificate
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 Delayed Entry Program on 20 June 1977. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his first name spelled as B___Y.
3. He was discharged from the U.S. Army Reserve Delayed Entry Program on 22 August 1977 for immediate enlistment in the Regular Army on 23 August 1977. His DD Form 4 shows his first name spelled as B___Y.
4. He reenlisted in the Regular Army on 4 March 1981. The DD Form 4 executed during that reenlistment likewise shows his first name spelled as B___Y.
5. On 1 March 1985, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows his first name spelled as B___Y.
6. All documents in his military records, to include his DA Form 2-1 (Personnel Qualification Record Part II), Standard Form 88 (Report of Medical Examination), and DA Form 873 (Certificate of Clearance and/or Security Determination), consistently show his first name spelled as B___Y. The first name spelling of B___IE is not recorded on any documents in his military records.
7. The applicant provided copies of his birth certificate and social security card, both of which show his first name spelled as B___IE.
REFERENCES:
Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION:
1. The applicant's request for correction of his DD Form 214 to show his first name spelled as B___IE instead of B___Y was carefully considered.
2. All documents contained in his military records reflect his first name spelled as B___Y.
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 spelling of his first name in his military records as it appears on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. A copy of this decisional document which confirms the current spelling of his first name will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the spelling of the first name recorded in his military records and the spelling of the first name recorded on his birth certificate.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20150004219
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150004219
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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