BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160004049 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: 26 September 2017 DOCKET NUMBER: AR20160004049 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: 26 September 2017 DOCKET NUMBER: AR20160004049 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) to show his middle name as Francis. 2. He states that he gave his confirmation name as a middle name when he entered the military. 3. He provides: * birth certificate * social security card * Michigan Driver License * Certificate of Confirmation 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. On 19 November 1963, he was inducted into the Army of the United States. His DD Form 47 (Record of Induction) list his middle initial as “J” in item 1 (Last Name-First Name-Middle Name). He signed an Acknowledgment of Service Obligation on the same date which shows his middle name as James. 3. A review of his military personnel file shows all documents that require a name entry list his middle name as James. He was released from active duty on 23 November 1965 and transferred to the U.S. Army Reserve. 4. Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 shows his middle initial as “J.” 5. He provides his Certificate of Confirmation, dated 21 January 2016, which shows he received the sacrament of confirmation on 30 November 1952. His middle name is listed as James on this certificate. 6. He also provides his birth certificate, social security card, and Wisconsin Driver License, which all list his middle name as Francis. REFERENCES: Army Regulation 635-5 (Separation Documents) states the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation has historically required that item 1 of the DD Form 214 would contain the name taken from the Soldier's personnel records. DISCUSSION: 1. The applicant requests correction his DD Form 214 to show his middle name as Francis. 2. The documents provided by the applicant are noted; however, they do not change the conditions and circumstances that existed at the time his military records were created. 3. 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. 4. The applicant is advised that a copy of this decisional document will be added to his official military records. This should serve to clarify any questions or confusion regarding the difference in his current name and the name recorded in his military record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004049 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2