BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20160001902 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 October 2016 DOCKET NUMBER: AR20160001902 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 October 2016 DOCKET NUMBER: AR20160001902 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 her records to show her middle name as "Kay" instead of "Kaye." 2. The applicant states the middle name "Kay" is what is shown on her birth certificate. Her military records show her middle name as "Kaye." 3. The applicant provides a birth certificate. 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 U.S. Army Reserve (USAR) and executed a Reserve Officers' Training Corps (ROTC) contract on 28 August 1978. Her DD Form 4 (Enlistment/Reenlistment Document) listed her middle name as "Kaye." She signed this contract and allied documents using this middle name. 3. She was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 18 September 1980. All documents related to her appointment listed her middle name as "Kaye." She authenticated some of these documents with her signature using this middle name. 4. She entered active duty on 3 January 1981. She served in a variety of assignments and she attained the rank/grade of lieutenant colonel (LTC). 5. Multiple documents in her service records show her middle name as "Kaye" and include the below documents. She authenticated some of these documents, as required, using the middle name "Kaye." * Officer Record Brief * Pre-separation Counseling Checklist * Record of Emergency Data * SGLV Insurance Certificate * separation orders * Officer Evaluation Reports 6. She retired on 30 November 2003 and she was placed on the retired list in her retired grade of LTC on 1 December 2003. Item 1 (Last – First – Middle) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her middle name as "Kaye." She authenticated this form with this middle name. 7. She provides a birth certificate showing her middle name is spelled "Kay." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, 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 duty. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION: 1. The evidence of record shows upon her enlistment in the USAR (ROTC) in August 1978, the applicant listed her middle name as "Kaye." This middle name is consistent with the middle name on several documents in her service record. She authenticated several documents by placing her full signature in the appropriate block, indicating that her name was correct. She did not use the requested middle name during her military service. 2. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it is understandable the applicant desires to now record a different middle name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's DD Form 214 was correct at the time it was created. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2