IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150006029 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 middle name spelled as "Barnard" instead of "Bernard." 2. The applicant states item 1 of this form contains a typographical error due to military personnel. When reviewing all of his paperwork–his DD Form 214, the Department of Veterans Affairs forms, and other government agency forms–he noticed that his middle name was spelled incorrectly. For future references, i.e., jobs, benefits, or anything, he wants his DD Form 214 to be accurate with any agency or company he does business with. 3. The applicant provides copies of the following: * DD Form 214 * birth certificate * State Identification (ID) Card * Social Security Card 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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 26 June 1987. His records contain a DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 26 June 1987, which shows his middle name spelled as "Bernard" and he signed the form with his middle name being spelled as "Bernard." He was discharged from the DEP on 13 October 1987. 3. He enlisted in the Regular Army (RA) on 14 October 1987 and reenlisted on 9 May 1990. His records also contain the following: * DA Form 3340-R (Request for RA Reenlistment or Extension), dated 9 May 1990, which shows his middle name spelled as "Bernard" * DD Form 4/1, dated 9 May 1990, which shows his middle name spelled as "Bernard" and he signed the form with his middle name being spelled as "Bernard" * DA Form 41 (Record of Emergency Data), dated 2 December 1991, which shows his middle name spelled as "Bernard" * DA Form 2-1 (Personnel Qualification Record – Part II), dated 15 October 1987 and reviewed on 12 February 1991, which shows his middle name spelled as "Bernard" 4. He was honorably released from active duty on 23 August 1992 and was transferred to the USAR. Item 1 of his DD Form 214 shows his middle name spelled as "Bernard." 5. His records further contain Orders Number C-07-326139, issued by the USAR Personnel Center on 13 July 1993, releasing him from the USAR for assignment to the Texas Army National Guard (TXARNG). The orders show his middle name spelled as "Bernard." 6. He enlisted in the TXARNG on 26 May 1993. His records also contain the following: * DD Form 4/1, dated 26 May 1993, which shows his middle name spelled as "Bernard" and he signed the form with his middle name being spelled as "Bernard" * DA Form 41, dated 26 May 1993, which shows his middle name spelled as "Bernard" 7. He was honorably discharged from the TXARNG on 25 May 1996. Item 1 (Last Name – First Name – Middle Name) of his National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his middle name spelled as "Bernard." His records further contain the following: * Orders Number 207-332, issued by the TXARNG on 25 July 1996, discharging him effective 25 May 1996; the orders show his middle name spelled as "Bernard" * DA Form 2-1, dated 2 January 1997, which shows his middle name spelled as "Bernard" 8. He provided copies of the following: * Texas birth certificate, issued on 1 October 2014, which identifies an individual with the same first and last name of record as the applicant and the middle name spelled as "Barnard" * State ID Card which shows his middle name spelled as "Barnard" * Social Security Card which shows his middle name spelled as "Barnard" 9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. 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 DEP, RA, USAR, and TXARNG using the middle name spelled as "Bernard." He clearly used this spelling of his middle name throughout his entire military service. 2. There is no evidence of record and he did not provide sufficient evidence showing item 1 of his DD Form 214 contains an error in the spelling of his middle name. 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. 3. 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 spelling of his middle name that 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. 4. A copy of this decisional document will be filed in his records to clarity the difference between the current spelling of his middle name and the spelling of his middle name that he used during his periods of service. 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) AR20150006029 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006029 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1