IN THE CASE OF BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150012146 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150012146 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150012146 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) to show his full name with the suffix "III" instead of "Jr." 2. The applicant states he discovered recently that he is Vi -- Ch-- Ba-- III and not Vi -- Ch-- Ba-- Jr. His father is Vi -- Ch-- Ba-- Jr., and he is also a veteran. He does not want the Department of Veterans Affairs to mix their claims or reason for disability. He did not know his correct suffix until he filed for disability. He had not known his father all his life. 3. The applicant provides: * DD Form 214 * social security card * Congressional correspondence * Standard Form 180 (Request Pertaining to Military Records) 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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his full name with the suffix "Jr." He identified his father with a similar name and the suffix "Sr." He authenticated this form with his signature using his full name and the suffix "Jr." 3. He enlisted in the RA on 23 August 1973. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) and all allied documents listed his full name with the suffix "Jr." He authenticated this contract with his signature, where required, using his full name and the suffix "Jr." 4. His DA Form 2-1 (Personnel Qualification Record) which the Army created upon his entry on active duty also listed the suffix as "Jr." All documents in his service records listed his name with this suffix. These include: * Armed Forces Fingerprint Card * DD Form 669 (Police Record Check) * Report of Medical Examination * Servicemen's Group Life Insurance Election Certificate * DA Form 873 (Certificate of Clearance and/or Security Determination) * DA Form 428 (Application for Identification Card) * Recommendation for promotion and allied documents * Separation orders 5. He was honorably released from active duty on 16 August 1976. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 for this period of service listed his full name as "Ba--, Vi -- Ch-- Jr." He authenticated this form with his signature. 6. He provides: * Congressional correspondence in relation to his name * social security card listing a social security number and name similar to his but the suffix "III" instead of "Jr." is used with his name REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The evidence of record shows the applicant used the suffix "Jr." with his name upon his enlistment in the RA. His full name and suffix are consistent with the full name and suffix shown on several documents in the applicant's service record throughout his military service. The applicant did not use the suffix "III" at any time during his military service. 2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the suffix associated with the applicant's name in this case. 3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214 for his period of service, were correct at the time they were prepared. 4. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion in regard to the difference in the suffix recorded in his military record and the suffix he now claims/uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012146 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012146 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2