BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150012559 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 BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150012559 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. BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150012559 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 middle name as O___R. 2. The applicant states his middle name is O___R. The Army did not make a mistake, he did. He signed his middle name by the way his mother pronounced it. He has been trying to correct the spelling of his middle name for a long time. 3. The applicant provides: * self-authored letter, dated 21 August 2016 * birth certificate * page 1 of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) * page 1 of his DA Form 3286 (Statements for Enlistment) * DD Form 214 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's military records are not available for review. The National Personnel Records Center search failed to locate his service records. This case is being considered based on the documents provided by the applicant. 3. His DD Form 4 shows he enlisted in the Regular Army on 1 February 1972 for a period of 2 years. Item 1 (Last Name – First Name – Middle Name) of this form shows his middle name as O___L. 4. He was honorably released from active duty on 15 February 1974. 5. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his middle name as O___L. 6. He provided his birth certificate showing his middle name as O___R. 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 would be used as a basis for preparation of the DD Form 214. DISCUSSION: 1. Although the applicant's birth certificate shows his middle name as O___R, the available evidence of record shows he enlisted under the middle name O___L in February 1972. His DD Form 214 shows this middle name when he was released from active duty in February 1974. 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 middle name recorded in his military records and to satisfy his desire to have his requested middle 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) AR20150012559 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012559 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2