IN THE CASE OF: BOARD DATE: 28 February 2012 DOCKET NUMBER: AR20110017397 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 military records by changing his middle name from John to Patrick. 2. He states his original birth certificate contained an error. 3. He provides: * Two birth certificates * A Michigan State driver license * His Social Security Account Number (SSAN) Card * A certificate of baptism * His DD Form 214 (Report of Separation from the Armed Forces of the United States) * A Certificate of Service – Armed Forces of the United States * A Selective Service System Registration 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’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The following documents were provided by the applicant: a. A copy of his DD Form 214 shows he enlisted in the Army on 20 March 1952. On 18 February 1955, he was released from active duty with an honorable characterization of service. Item 1 (Last Name, First Name, Middle Name) shows his middle name as John. b. His certificate of baptism and a Michigan Department of Health, Record of Birth, show his middle name as John. c. A Selective Service System Registration Certificate which shows he registered on 27 December 1949. His middle name is shown as John. d. His driver license and SSAN card show his middle name as Patrick. e. A second State of Michigan Certificate of Live Birth, amended on 27 July 2011 shows his middle name as Patrick. 4. 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. He provided copies of an amended birth certificate, an SSAN card, a driver license, and a certificate of baptism which all show his middle name as Patrick. However, his Selective Service System Registration Certificate and DD Form 214 show he registered and later enlisted in the military using the middle name John. 2. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his middle name as Patrick in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 3. He is advised that a copy of this decisional document which confirms his correct middle name 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 middle name recorded in his military record and to satisfy his desire to have his correct 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) AR20110017397 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017397 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1