BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150016376 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: 28 February 2017 DOCKET NUMBER: AR20150016376 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: 28 February 2017 DOCKET NUMBER: AR20150016376 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 (Armed Forces of the United States Report of Transfer or Discharge) by correcting the spelling of his first and middle names. 2. The applicant makes no additional statement. 3. The applicant provides copies of: * his DD Form 214 * his State of New Mexico Certificate of Birth, issued on 26 February 1990 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. A DD Form 4 (Enlistment Contract – Armed Forces of the United States), shows the applicant enlisted in the Regular Army on 3 May 1968, using the spelling of the name he now wants changed. 3. A DD Form 398 (Statement of Personal History), dated 3 May 1968, showing the applicant identified himself using the same spelling of his first and middle names he now wants changed. 4. The applicant’s DD Form 214 reports his release from active duty on 20 May 1971. It shows his name with the same spelling he used at the time of his enlistment. 5. A review of the documents discussed above, as well as all other documents in his military record, revealed that he used the same spelling of his first and middle names throughout his military service and signed his name when required in a like manner. 6. The certificate of birth he provides shows the spelling of the first and middle names he now wants reflected in his military records. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 2. Title 10, U.S. Code, section 1552(a)(1) states: “The Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. DISCUSSION: 1. The applicant contends that his military records should be corrected by changing the spelling of his first and middle names on his DD Form 214. 2. For historical purposes the Army has an interest in maintaining the integrity of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence of an error or injustice, there is a reluctance to change records that were correct at the time they were created. 4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016376 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016376 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2