IN THE CASE OF:    

		BOARD DATE:  19 December 2017

		DOCKET NUMBER:  AR20160005328


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


		IN THE CASE OF:  

		BOARD DATE:  19 December 2017

		DOCKET NUMBER:  AR20160005328


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.


		IN THE CASE OF:    

		BOARD DATE:  19 December 2017

		DOCKET NUMBER:  AR20160005328


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 "TOMMY" instead of "THOMAS."

2.  The applicant states his first name is incorrectly listed on his DD Form 214.  He further states he needs his DD Form 214 corrected so his driver license for the State of Nevada will reflect that he is a veteran.

3.  The applicant provides:

* DD Form 214
* Certificate of Birth

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 (ARNG) of the State of Colorado on 17 January 1984.  Item 1 NAME (Last-First-Middle-Jr-Sr-etc.) of the applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant's first name as "THOMAS."  He signed this document with the same name.

3.  Every document in the applicant's Military Personnel Records Jacket shows his first name and signature as "THOMAS."

4.  The applicant was honorably released from active duty training on 6 July 1984.  Item 1 NAME (Last - First - Middle) of his DD Form 214 shows the applicant's first name as "THOMAS."  He also affixed his signature to this document, wherein he spelled his name as "THOMAS."

5.  The applicant provides his Certificate of Birth, which shows his first name as "TOMMY."  

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states 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 evidence of record shows that upon his enlistment in the ARNG on 17 January 1984, the applicant listed and signed his first name as "THOMAS." This name is consistent with the name on every document in the applicant's service records.

2.  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.  

3.  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 name he now uses and the name 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)	AR20160005328



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160005328



3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2