IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150004297 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 the spelling of her first name on her DD Form 214 (Certificate of Release or Discharge from Active Duty), from S-----ha to S-----ia. 2. She states, in effect, that the last two letters of her first name are "ia" instead of "ha." 3. She provides her birth certificate, retired military identification card, DD Form 214, and a probate order to amend the spelling of her first name on her marriage application and marriage license. 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 Regular Army on 11 October 1977. Her DA Form 1966 (Application for Enlistment - Armed Forces of the United States) shows in: a. block 1 (Name (Last, first, middle (maiden, if any) Jr. Sr, etc)) shows the last two letters of her first name as "ha;" and b. block 23 (If preferred enlistment name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law) shows that the last two letters of her first name as "is." She confirmed that she preferred to use the name by which she was known in the community. She signed her first name as listed in block 1 acknowledging this statement. 3. Her DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) and all other documents in her official military personnel file (OMPF) show the last two letters of her first name as "ha." 4. On 31 January 1998, she retired from active duty based on sufficient length of service. Block 1 (Last Name – First Name – Middle Name) of her DD Form 214 shows the last two letters of her first name as "ha." She signed this form using the spelling of her first name as listed in block 1. 5. She provides a court order which amended the spelling of her first name on her marriage application and marriage license to read "S------ia." In addition, she provides her birth certificate and retired military identification card which show this same spelling of her first name. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the last two letters of the applicant’s first name are shown as "ha" on all the documents which require this information. Further, upon her entry into the Army the applicant requested to serve under the first name currently shown throughout her OMPF even though it differed from the name shown on her birth certificate. 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 it is understandable the applicant desires to now record the name listed on the probate order and her birth certificate in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 3. The applicant is advised that a copy of this decisional document, which confirms the current spelling of her first name, will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in her military record and to satisfy her desire to have the current spelling of her first name documented in her military record. 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) AR20150004297 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004297 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1