BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015970 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: 23 February 2017 DOCKET NUMBER: AR20150015970 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: 23 February 2017 DOCKET NUMBER: AR20150015970 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 to show his first name as "Ricky" instead of "Recky." 2. The applicant states, in effect, the spelling of his first name is wrong on his DD Form 214 (Armed Forces of the United States Report of Transfer Discharge). The correct spelling of his name is "Ricky JXXXXXX," not "Recky JXXXXXX." 3. The applicant provides copies of his DD Form 214 for the period ending 6 May 1971, his State of South Carolina Birth Certification issued on 9 September 2015, and his 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. The applicant enlisted in the Regular Army on 15 May 1969. Block 5 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he identified his first name as "Recky" on his enlistment contract, the name he contends is incorrect. 3. The applicant was honorably released from active duty on 6 May 1971. His DD Form 214 shows his first name as "Recky," the contested name. 4. The applicant used the contested first name "Recky" on every document available in his military record from his time of enlistment through his release from active duty on 6 May 1971. The requested first name "Ricky" does not appear on any of the documents contained in his available record. 5. The applicant provides copies of his State of South Carolina Birth Certification, issued on 9 September 2015, and his social security card, which show his first name spelled "Ricky." REFERENCES: Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's request for correction of his records, to show his first name as "Ricky" instead of "Recky," was carefully considered. 2. The applicant was issued a birth certificate on 9 September 2015, which shows the correct spelling of his first name "Ricky" instead of "Recky." 3. It appears the applicant assumed his first name was spelled "Recky" until he noticed a different spelling of his first name on his birth certificate. His record shows he used the first name of "Recky" during his entire period of service. 4. The Army has an interest in maintaining the integrity 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 evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and satisfy his desire to have his current first name documented in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2