BOARD DATE: 4 November 2014 DOCKET NUMBER: AR20140004359 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 (Report of Separation from Active Duty) for the period ending 7 July 1975 to show his middle name as "Eldridge." 2. The applicant states his middle name should be reflected as that on his Certificate of Live Birth and social security card. 3. The applicant provides a photocopy of his Certificate of Live Birth and social security card. 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. On 10 January 1973, the applicant enlisted in the Regular Army. 3. He was honorably released from active duty on 7 July 1975. The DD Form 214 he was issued at the time shows his middle name as "Edward." 4. His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States) that shows his middle name as "Edward." Review of the applicant's official military personnel file (OMPF) reflects his middle name as "Edward" throughout his record. There are no documents in his OMPF that show "Eldridge" as his middle name. He also signed multiple documents with his middle name as "Edward." 5. He provides a copy of a Certificate of Live Birth and social security card that show his middle name as "Eldridge." 6. Army Regulation 635-5 (Separation Documents) 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. DISCUSSION AND CONCLUSIONS: 1. His record shows he enlisted into the military and served throughout using the middle name "Edward." 2. Notwithstanding the middle name shown on his Certificate of Live Birth and social security card, in the absence of compelling information to the contrary, there is an insufficient basis for changing his records to show his middle name as that shown on the aforementioned documents. The evidence of record shows he appropriately served on active duty under the same middle name he provided upon his enlistment into the Army. 3. 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 middle name in his military records, as that shown on the documents he provided to the Board there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 4. The applicant is advised that a copy of this decisional document will be filed in his 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 middle name documented in his OMPF. 5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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) AR20140004359 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004359 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1