IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110009259 


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 service records to show his correct name.

2.  The applicant states, in effect:

* he was born "To??????, Sil??????" (Last, First)
* his Regular Army (RA) records show his name as "Tho?????, Syl??????"

3.  The applicant provides his State of Mississippi Record of Birth, 29 April 1959.

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.  Pertinent civilian and military records show the applicant was:

* born "To??????, Sil??????"
* enlisted in the US Army Reserve (USAR) delayed entry program (DEP) as "Tho?????, Sil??????"
* entered the RA as "Tho?????, Syl??????"
* served as "Tho?????, Syl??????"
* received two DD Forms 214 (Certificate of Release or Discharge from Active Duty) as "Tho?????, Syl??????"

3.  The applicant's service dates were:

* DEP	18 – 28 December 1976
* RA		29 December 1976 through 27 September 1979
* RA		28 September 1979 through 27 November 1984

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his service records reflect his name as "To??????, Sil??????."

2.  There is no doubt the applicant was born as "To??????, Sil??????."  However, when he entered the DEP, he changed his last name from "To??????" to "Tho?????."  Then when he entered the RA, he kept his last name as "Tho?????" and changed his first name from Sil??????" to Syl??????."  Thereafter, every document and every signature reflected "Tho?????, Syl??????."

3.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now correct his records to show his name as "To??????, Sil??????", 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 will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his current first 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)                                         AR20110009259





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ABCMR Record of Proceedings (cont)                                         AR20110009259



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