BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002571 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: 8 August 2017 DOCKET NUMBER: AR20160002571 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: 8 August 2017 DOCKET NUMBER: AR20160002571 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 23 January 1964 to show his middle name as "Nathaniel." 2. The applicant states his middle name is "Nathaniel," not "James." 3. The applicant provides: * a copy of his DD Form 214 * social security card * Marriage License from the State of Florida * Certificate of Birth from the State of Delaware * Driver License from the State of North Carolina * a letter from the Department of Military and Veterans Affairs 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 Army National Guard on 16 June 1963. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his middle name as "James." He signed this form. 3. The applicant served a period of active duty service from 24 July 1963 through 23 January 1964. His DD Form 214 for this period shows his middle name as "James." 4. The applicant's available record shows he listed his middle name as "James" throughout his period of active military service. There is no evidence that shows he listed "Nathaniel" as his middle name during his period of military service. 5. The applicant provides: a. A social security card that shows his middle name as "Nathaniel." b. A Marriage License from the State of Florida, issued on 20 July 1968, which shows his middle name as "Nathaniel." c. A Certificate of Birth from the State of Delaware, issued on 1 November 1971, which shows his middle name as "Nathaniel." d. A State of North Carolina driver's license, issued on 21 December 2010, which shows his middle name as "Nathaniel." e. A letter from the North Carolina Department of Veterans Affairs, dated 5 January 2016, which shows his middle name as "Nathaniel." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation. DISCUSSION: 1. The evidence shows the applicant listed his middle name as "James" throughout his entire period of military service. There is no evidence he listed the middle name he now claims is correct. 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. 3. A copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002571 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002571 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2