BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160004238 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: 14 September 2017 DOCKET NUMBER: AR20160004238 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: 14 September 2017 DOCKET NUMBER: AR20160004238 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 (Certificate of Release or Discharge from Active Duty) to show his first name as "Rosevelt" instead of "Roosevelt." 2. The applicant states his name is misspelled. 3. The applicant provides his DD Form 214, birth certificate, and 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's records show he enlisted in the Regular Army on 2 July 1986. His DD Form 4 (Enlistment/Reenlistment Document) and all allied documents list his first name as "Roosevelt." He signed his contract using this first name. 3. His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) also listed his first name as "Roosevelt." 4. He extended his enlistment in the Regular Army on 9 May 1988. His DA Form 3340 (Request for Regular Army Reenlistment or Extension) and DA Form 1695 (Oath of Extension of Enlistment) both listed his first name as "Roosevelt." He signed his extension using this first name. 5. He reenlisted in the Regular Army on 10 August 1989. His reenlistment DD Form 4 also shows his first name as "Roosevelt" and he signed this contract using this first name. 6. His records contain several official personnel documents, including a Record of Emergency Data, Servicemen's Group Life Insurance, an application for a military identification card, assignment and reassignment orders, and various medical records, showing the spelling of his first name as "Roosevelt." He signed several of these forms using this name. 7. He was honorably released from active duty on 9 August 1992. Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his first name as "Roosevelt." He signed this form using this first name. 8. He provided a certificate of live birth, issued on 2 December 2013, and a social security card, dated 19 August 2009, that contain the same middle and last names but the first name shown as "Rosevelt." REFERENCE: Army Regulation 635-5 (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, and 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 that upon his enlistment and subsequent extension and reenlistment in the Army the applicant listed his first name as "Roosevelt." This first name is consistent with the first name that he used throughout his period of military service. He authenticated several documents in his records indicating that his name was correct. He did not use the first name of "Rosevelt" during his period of military service. 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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004238 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2