BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017779 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: 20 April 2017 DOCKET NUMBER: AR20150017779 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: 20 April 2017 DOCKET NUMBER: AR20150017779 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Charles" instead of "Charlie." 2. The applicant states his first name is misspelled. 3. The applicant provides copies of his U.S. Passport and 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 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 U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 31 March 1987. Item 1 (Name (Last-First-Middle)) of his DD Form 4 (Enlistment/Reenlistment Document) shows his first name as "Charlie." He signed this form using this first name. 3. He was discharged from the DEP on 4 May 1987 and enlisted in the Regular Army (RA) on 5 May 1987. The Confirmation of Enlistment or Reenlistment section of his DD Form 4 also listed his first name as "Charlie." He took the oath of enlistment and signed this form using this first name. 4. His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II), which were created upon entry on active duty, listed his first name as "Charlie." 5. He initiated or signed several documents throughout his military service indicating his first name was "Charlie." These documents include: * VA Form 29-8286 (Servicemen's Group Life Insurance Certificate) * DD Form 93 (Record of Emergency Data) * DD Form 1584 (National Agency Check Request) * DA Form 428 (Application for Identification Card) * separation packet 6. He was discharged from active duty on 3 November 1988. His DD Form 214 shows his first name as "Charlie." 7. He provides a U.S. Passport and a social security card that list his first name as "Charles." REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It was important that information entered on the form be complete and accurate. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated item would show the full name obtained from the official records. DISCUSSION: 1. The evidence of record shows that upon his enlistment in the USAR, the applicant listed his first name as "Charlie" and upon his discharge from the DEP and subsequent enlistment in the RA, he also listed his first name as "Charlie." The first name is consistently used throughout his military service. He authenticated several documents in his service record indicating this first name was correct. He did not use the first name "Charles" at any time during his military 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 a record be changed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017779 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017779 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2