BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018076 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: 25 April 2017 DOCKET NUMBER: AR20150018076 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: 25 April 2017 DOCKET NUMBER: AR20150018076 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 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 13 August 1959, to show his middle name spelled as "Russell" instead of "Russel." 2. The applicant states his middle name was spelled incorrectly. 3. The applicant provides his DD Form 214 and a State of Wisconsin Certificate of Vital Record – Copy of Birth Record, issued 15 October 2015. 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 personnel records are not available for review. A complete and thorough search was conducted; however, his records could not be located. This case is being considered based on the documents provided by the applicant. 3. The applicant provides a DD Form 214 that shows in: * Item 1 (Last Name, First Name, Middle Name), his middle name shown as "Russel," the middle name he contends was misspelled * Item 5 (Place of Birth), his place of birth shown as Monroe, Wisconsin * Item 6 (Date of Birth (DOB)), his DOB shown as 4. The applicant's DD Form 214 shows he was honorably released from the Army on 13 August 1959. He signed item 34 (Signature of Person Being Transferred or Discharged), thereby acknowledging the accuracy of the data contained therein. 5. The applicant provides a State of Wisconsin Certificate of Vital Record – Copy of Birth Record, which shows his middle name as "Russell," and which shows he was born on , in Monroe, Wisconsin. REFERENCES: Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his middle name spelled as "Russell" instead of "Russel." 2. The applicant signed his DD Form 214, indicating he had reviewed the information contained therein when it was issued to him upon separation. However, he now contends the middle name was spelled incorrectly. 3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, 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 evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 4. Without a military record to examine, the Board is left to decide the merits of the applicant's request solely on the evidence he provides. The state of Wisconsin Certificate of Vital record is an official, unaltered document that contains other data elements consistent with those found on the applicant's DD Form 214. The spelling error the applicant has identified could easily have been a typographical error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018076 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2