IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005061 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 item 1 (Name (Last, first, middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Harry" instead of "Jay." 2. The applicant states he changed his first name to "Harry" because this name is listed on his birth certificate. He is homeless and no longer uses the first name of "Jay." 3. The applicant provides copies of the following: * DD Form 214 * U.S. Armed Forces Veteran Identification (ID) Card * State ID Card * Social Security Card (2 copies) 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 the cases 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. 2. The applicant's military records show he enlisted in the Regular Army (RA) on 6 August 1980. His records contain the following: * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 9 April 1980, which lists his first name as "Jay" * DD Form 1966/1 (Application for Enlistment – Armed Forces of the United States), dated 6 August 1980, which lists his first name as "Jay" * DD Form 93 (Record of Emergency Data), dated 5 December 1980, which lists his first name as "Jay" * DA Form 2-1 (Personnel Qualification Record – Part II), dated 5 December 1980, which lists his first name as "Jay" * Orders Number 007-207, issued by Headquarters, U.S. Army Training Center and Fort Dix, NJ on 7 January 1982, discharging him on the same day; the orders list his first name as "Jay" 3. He was discharged with a general discharge on 7 January 1982. Item 1 of his DD Form 214 lists his first name as "Jay." 4. He provided copies of the following: * U.S. Armed Forces Veteran ID Card, expiring on 31 December 2016, listing his first name as "Jay" * State ID Card, expiring on 24 March 2015, listing his first name as "Harry" * Social Security Card (2 copies) listing his first name as "Harry" 5. 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 the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any. DISCUSSION AND CONCLUSIONS: 1. The applicant served in the RA using the first name of "Jay." Item 1 of his DD Form 214 lists this first name. It appears he began using the first name of "Harry" after his period of service. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared. 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the first name he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 3. A copy of this decisional document will be filed in his records to clarify the difference between the current first name and the first name he used during his period of active duty. 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) AR20150005061 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005061 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1