IN THE CASE OF:	  

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110010639 


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 first name from "Vernond" to "Vernon" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* his original birth certificate was incorrect; therefore, the military had to go by the name listed
* he has since had his birth certificate corrected

3.  The applicant provides a copy of his 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 Regular Army on 27 October 1969.  He completed training and was awarded military occupational specialty 76A (Supplyman).  The highest rank/grade he attained while on active duty was sergeant/E-5.

3.  The applicant's DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 27 October 1969, shows the following:

* item 5 (Last Name, First Name, Middle Name) his first name as "Vernond"
* item 55 (Signature of Applicant) he signed his first name as "Vernond"
* item 57 (Oath of Enlistment) he signed his first name as "Vernond"

4.  A review of the documents in the applicant's military personnel records shows he signed his name with both spellings.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

* item 1 (Name) his first name as "Vernond"
* item 47 (Signature of Individual) he signed his first name as "Vernond"

6.  The applicant provides a copy of his birth certificate showing his first name as "Vernon."

7.  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 that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided 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's request to change his first name was carefully considered.

2.  Although the applicant states his original birth certificate used at the time of his enlistment was in error, he took an oath and he authenticated several documents in his record by placing his signature in the appropriate blocks as "Vernond."  His name correction is duly noted.  However, this does not change the conditions and circumstances that existed at the time his service records were created.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  However, a copy of this Record of Proceedings will be filed in his records to show his corrected name.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110010639



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ABCMR Record of Proceedings (cont)                                         AR20110010639



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