IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012301 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: 28 July 2016 DOCKET NUMBER: AR20150012301 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: 28 July 2016 DOCKET NUMBER: AR20150012301 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 military records and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as B___E. 2. The applicant states: * the correct spelling of his first name is B___E * his birth certificate shows the correct spelling of his first name 3. The applicant provides: * birth certificate * letter from the National Personnel Records Center, dated 25 June 2015 * DD Form 214 * U.S. Army Reserve (USAR) discharge orders, dated 17 July 1967 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 USAR on 10 August 1961 for a period of 6 years. Item 1 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 10 August 1961, shows his first name as B___Y. He signed this form using the first name B___Y. 3. He was ordered to active duty on 15 October 1961 and he was honorably released from active duty on 10 August 1962. 4. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his first name as B___Y. He signed this form using the first name B___Y. 5. He was honorably discharged from the USAR on 31 July 1967. His USAR discharge orders show his first name as B___Y. 6. All of his service personnel records show his first name as B___Y. 7. He provided his birth certificate showing his first name as B___E. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214. DISCUSSION: 1. Although the applicant's birth certificate shows his first name as B___E, the evidence of record shows he enlisted under the first name B___Y in August 1961. This first name was used exclusively during his military service. His DD Form 214 shows this first name when he was released from active duty in August 1962 and his 1967 USAR discharge orders show this first name. 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. 3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the first name recorded in his military records and to satisfy his desire to have his requested first name documented. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012301 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2