BOARD DATE: 26 August 2014 DOCKET NUMBER: AR20130022087 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 correct middle name. 2. The applicant states his birth name is "Richard Robert B------." However, his middle name is incorrectly recorded on his separation document as "Ronald." 3. The applicant provides a copy of his Wisconsin State Board of Health, 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 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. A DD Form 398 (Statement of Personal History) prepared by the applicant on 15 May 1968 shows he entered his name as "Richard Ronald B------." It also shows in item 3 (Alias(es), Nickname(s), or Changes in Name) he entered "Rick." 3. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 19 June 1969 for a period of 3 years. It also shows in: a. item 5 (Last Name - First Name - Middle Name): "B------, Richard Ronald" and b. item 57 (Oath of Enlistment): "I, Richard Ronald B-------, do hereby acknowledge to have voluntarily enlisted under the conditions prescribed by law this 19th day of June 1969, in the U.S. Army for a period of three (3) 'RRB' [applicant's initials] years…." and the applicant's legible signature "Richard Ronald B------." 4. The applicant's DD Form 214 shows he enlisted in the Regular Army on 19 June 1969, was honorably released from active duty on 26 June 1972, and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 7 months, and 8 days of total active service. It also shows in item 1 (Last Name - First Name - Middle Name): "B------, Richard Ronald." 5. In support of his application the applicant provides a copy of his Certificate of Birth that show his name is "Richard Robert B------." DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the middle name recorded in his military service records should be corrected because it does not correspond with the middle name on his birth certificate. 2. The evidence of record shows that upon processing for entry into military service the applicant reported that his middle name was "Ronald" and that middle name was recorded in his military service records when he enlisted in the Regular Army. Thus, for reasons that are not known, the applicant chose to use the middle name "Ronald" during his military service. 3. The applicant's military service records clearly show his preferred middle name (i.e., "Ronald") and that he signed numerous documents using that same middle name. In addition, the applicant's preferred middle name (or initial) was consistently recorded in his official military service records, including on his DD Form 214, when he was released from active duty. 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the middle name in his official military service records. 5. 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 it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 6. In view of the foregoing, there is no basis for granting his requested relief. 7. The applicant is advised that a copy of this decisional document, which confirms his correct middle name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF. 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) AR20130022087 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130022087 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1