BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160004985 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: 19 December 2017 DOCKET NUMBER: AR20160004985 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: 19 December 2017 DOCKET NUMBER: AR20160004985 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 military service records to show the correct spelling of his first name and middle name. 2. The applicant states his birth certificate shows his first and middle names as "Gerald Glen." However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his first and middle names as "Jerald Glenn." 3. The applicant provides a copy of his birth certificate and his DD Form 214. 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. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 9 January 1970 for a period of 3 years. Item 5 (Last Name–First Name–Middle Name) shows the entry, "R_____, JERALD GLENN." It also shows the applicant signed the form in two places using the name (as shown in item 5) as his signature. 3. A DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number) "R_____, JERALD G." The applicant reviewed the form on 15 January 1970 and signed using the name (as shown in item 1) as his signature. He also audited the form on 13 September 1972. 4. Two DA Forms 87 (Certificates of Training), both undated, show the applicant completed the Light Vehicle Driver Course and the Heavy Vehicle Driver Course. The certificates show his name as "JERALD G. R____" and "GERALD G. R_____", respectively. 5. An Identification Record issued by the United States Department of Justice, Federal Bureau of Investigation, Washington, DC, dated 29 March 1972, in pertinent part, shows the applicant – * entered the RA on 9 January 1970 using the name "JERALD GLENN R_____" * was titled on 16 March 1972 under the name "JERALD G. R_____" 6. A second DA Form 20 shows in item 1, in pertinent part, "R_____, JERAULD G." The applicant reviewed the form on 5 February 1973 and signed the form using the name "JERALD R_____" as his signature." 7. A DD Form 214 shows the applicant entered active duty on 9 January 1970, was honorably released from active duty on 7 February 1973, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). It also shows in: * item 1 (Last Name–First Name–Middle Name) the entry, "R____, JERALD GLENN" * item 21 (Signature of Person Being Transferred or Discharged), the applicant signed the form using the above name as his signature 8. Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 12-1337193, dated 23 December 1975, honorably discharged the applicant from the USAR effective 1 January 1976. The orders show his name as "R_____, JERALD G." 9. A thorough review of the applicant's military personnel records revealed, with the exception of one certificate of training, his name was consistently recorded as "Jerald Glenn R_____." 10. In support of his application the applicant provides a Wisconsin Certificate of Vital Record, Wisconsin State Board of Health, Certificate of Live Birth, that shows "Gerald Glen R____" was born in September 1951. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for – * item 1, enter the last name, first name, and full middle name, if any * item 30 (Remarks), use the Remarks section for entries required by Headquarters, Department of the Army, for which a separate item is not available on the form and for completing entries that are too long for their blocks DISCUSSION: 1. The evidence of record shows that upon enlistment in the U.S. Army, based on the applicant's certification, his name was recorded in his military records as "Jerald Glenn R_____." 2. The applicant's military service records clearly show that name and that he signed numerous documents using the name. In addition, with one exception that appears to be a typographical error, the applicant's name was consistently recorded in his official military service records as "Jerald Glenn R_____", including on his DD Form 214 when he was released from active duty and on his orders when he was discharged from the USAR. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. 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. 4. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the difference in the first and middle names recorded on his birth certificate and the first and middle names under which he served. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004985 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004985 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2