IN THE CASE OF: BOARD DATE: 10 July 2012 DOCKET NUMBER: AR20120001078 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 "Axxxxxx" vice "Txxxxx." 2. The applicant states his middle name is "Axxxxxx" not "Txxxxx. He noticed the error when filling out an exemption application and the institution to which he submitted the application requested a copy of his DD Form 214. 3. The applicant provides: * Certificate of Service * Certificate of Baptism * Certificate of Birth * Certificate of Marriage * Certificate of Marriage Registration * DD Form 214 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’s military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. The primary source document used in this case is the DD Form 214 provided by the applicant. However, the DD Form 214 is considered sufficient documentation to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States in Bronx, NY, and entered active duty on 2 July 1957. He held the military occupational specialty 140.00 (Field Artillery). 4. On 11 June 1959, he was honorably released from active duty. His DD Form 214 shows his middle name as "Txxxxx." He authenticated his DD Form 214 by placing his signature in the appropriate block. The middle initial he used cannot be determined – it could be either an unusual “T” or an unusual “A.” 5. He provided a certificate of service which lists his middle initial as "T." 6. He provided a Certificate of Baptism which lists his middle name as "Axxxxxx." 7. He provided a Certificate of Birth which lists his middle name as "Axxxxxx." 8. He provided a Certificate of Marriage and Certificate of Marriage Registration which lists his middle name as "Axxxxxx." DISCUSSION AND CONCLUSIONS: 1. The available evidence from his military records shows the applicant's middle name was listed as "Txxxxx." This is the only middle name used in his available military records. Unfortunately, the only available record at this point in time is the DD Form 214. 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 the applicant desires to now record his middle name in his military records as they are recorded on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records were correct at the time and there is insufficient evidence to grant him relief in this case. However, a copy of this Record of Proceedings will be filed in his official military personnel file to show the middle name he now uses. 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) AR20120001078 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001078 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1