IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013689 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1993 to amend his middle name from "Eugene" to "Gene."

2.  The applicant refers to his amended birth certificate as evidence.

3.  The applicant provides copies of the following in support of his request:

* a Certified Record of Birth, Commonwealth of KY, dated 11 February 2010
* his DD Form 214 for the period ending 30 September 1993

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 copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 January 1973 shows the middle name "Eugene" in item 1 (Last Name - First Name - Middle Name).

3.  A copy of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve on 21 April 1976 for a period of 1 year.  The middle name entered in item 5 (Last Name - First Name - Middle Name) reflects "Eugene."  He also signed this document confirming that the information contained therein was correct at the time.

4.  A copy of a DD Form 1172 (Application for Uniformed Services Identification Card (DEERS Enrollment), dated 13 October 1989, shows the entry "Eugene" in item 1 (Name (Last, First, Middle)).

5.  A copy of his DD Form 214 for the period ending 30 September 1993 shows the middle name "Eugene" in item 1 (Name (Last, First, Middle)).  This form also reflects that he was honorably retired for length of service and transferred to the U.S. Army Reserve Control Group (Retired), St. Louis, MO.  He completed a total of 20 years and 8 days of active service.  He also signed this document confirming that the information contained therein was correct at the time.

6.  The applicant provided an amended copy of his birth certificate issued on 11 February 2010 which depicts his middle name as "Gene."

7.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be amended to change his middle name to "Gene" as shown on his amended birth certificate was carefully considered; however, the evidence does not support his contention.

2.  His DD Form 4, DD Forms 214, and all other available service documents reflect his middle name as "Eugene."  His military records show he served his entire military career using the middle name "Eugene."

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable that the applicant desires to now record his current middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions that may arise regarding the different middle name recorded in his military records and to satisfy his desire to have his current middle name documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20100013689



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013689



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1