BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150013726 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150013726 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150013726 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) by changing his first name from "Jack" to "John." 2. The applicant states, in effect: * his birth name is "John," and "Jack" is a nickname given to him by everyone who knows him * he desires this correction because he wants his records to reflect his true birth name; when he was in the Army, he was too young to know the difference 3. The applicant provides his DD Form 214 for the period ending 22 June 1956 and a photocopy of his driver license. 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 was inducted into the Army of the United States on 22 July 1954. His DD Form 47 (Record of Induction) shows his first name as "Jack." 3. He was released from active duty on 22 June 1956. His DD Form 214 lists his first name as "Jack." 4. A review of his reconstructed record reveals all documents show his first name as "Jack." This includes: * DA Form 20 * DA Form 24 (Service Record) * DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration) (showing the applicant's signature with "Jack" as his first name) 5. The applicant provides a copy of his driver license that lists his first name as "John." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. a. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her active military service, and to furnish a vital record for interested government agencies that assist the individual in obtaining the rights and benefits that may accrue as the result of such service. b. All available records will be used as a basis for the preparation of the DD Form 214, to include the DA Form 20. Regarding name, the instruction is to enter the last name, first name, and spell out the full middle name or names, if any. DISCUSSION: 1. While the applicant provides evidence his name is "John," all documents in his service record list his name as "Jack." Additionally, documents with his signature show "Jack" as the first name. The evidence of record shows "Jack" was the first name he used during his entire period of active service. 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 a showing of 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 in his military records the name he states is listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. The applicant is advised that a copy of this decisional document, which will show his first name as "John," will be filed in his service record. This should serve to clarify any questions or confusion regarding the difference in the first name recorded in his military record and to satisfy his desire to have the first name shown on his birth certificate and driver license documented in his official military personnel file. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013726 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013726 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2