BOARD DATE: 27 June2017 DOCKET NUMBER: AR20160001056 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: 27 June 2017 DOCKET NUMBER: AR20160001056 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: 27 June 2017 DOCKET NUMBER: AR20160001056 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 item 1 (Name – Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his first name as T___y. 2.  The applicant states his first name should be spelled as T___y instead of T___ie. Correction of his first name should be in accordance with his social security number. 3.  The applicant provides a copy of his Certification of Military Service. 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 provide 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 sufficient bases to waive the statute of limitations. 2.  The applicant enlisted in the Regular Army on 7 August 1985. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) lists his first name spelled as T___ie. He authenticated this form by signing his first name as T___ie. 3.  He was honorably released from active duty on 6 May 1988 and was transferred to a Reserve unit. Item 1 of his DD Form 214 lists his first name spelled as T___ie. He authenticated this form by signing his first name as T___ie. 4.  He enlisted in the Georgia Army National Guard (GAARNG) on 2 August 1991. His records contain multiple documents showing his first name spelled as T___ie and he affixed his signature to each form as T___ie, for example: * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 2 August 1991 * DD Form 4, dated 2 August 1991 * DD Form 93 (Record of Emergency Data), dated 24 August 1991 * DA Form 2-1 (Personnel Qualification Record – Part II), dated 2 August 1991 5.  He was honorably separated from the GAARNG on 1 August 1992 and was transferred to the U.S. Army Reserve. His National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his first name spelled as T___ie. 6.  He provided a copy of a Certification of Military Service, issued on 3 September 2015, listing his first name spelled as T___ie. REFERENCES: 1.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The instructions stated item 1 would list the last name, first name, and full middle name or names, if any, verified in the Soldier's record. 2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1.  The applicant served on active duty under the first name spelled as T___ie and he consistently signed documents using that spelling of his first name. He did not use the first name spelled as T___y at any time during his military service. Absent convincing independent and verifiable evidence to the contrary, it is presumed his DD Form 214 was correct at the time it was prepared. 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 showing a material error or injustice, there is no reason for compromising the integrity of the Army's records. 3.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file maintained at the National Personnel Records Center. This should serve to clarify any questions or confusion regarding the spelling of his first name recorded in his military records and to satisfy his desire to have the current spelling of his 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) AR20160001056 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001056 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2