BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005423 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: AR20160005423 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: AR20160005423 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 E___O instead of E___D. 2. The applicant states his birth name is E___O. 3. The applicant provides: * birth certificate * 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. Section X (Statement of Name for Official Military Records), item 48, of the applicant's DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 28 July 1981, shows the entries: a. "If the preferred enlistment name (name given in block 2) is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, complete the following: Enter name as shown on your birth certificate." The applicant entered the first name E___O. b. "I hereby state that I have not changed my name through any court or legal procedure, that I prefer to use the name of E___D by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in block 2." c. "My social security account number reflects the name E___D." d. He signed this form using the first name E___D. 3. He enlisted in the U.S. Army Reserve on 10 September 1981 for a period of 6 years. Item 1 (Name – Last, First, Middle) of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 10 September 1981, shows his first name as E___D. He signed this form using the first name E___D. 4. He was discharged from the U.S. Army Reserve on 15 September 1981 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 16 September 1988 for a period of 4 years. He was honorably discharged by reason of convenience of the government (Fiscal Year 1992 Early Transition Program) on 11 September 1992. 5. Item 1 (Name – Last, First, Middle) of his DD Form 214 shows his first name as E___D. Item 21 (Signature of Member Being Separated) of this DD Form 214 shows a legible signature and the first name E___D. 6. All of his service personnel records show his first name as E___D. 7. He provided his birth certificate and social security card showing his first name as E___O. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time of his release from active duty, 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 preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 contends his military records should now show his first name as E___O instead of E___D. 2. Although his birth certificate and social security card show his first name as E___O, the evidence of record shows he enlisted under the first name E___D in September 1981 and formally declared he preferred to use the first name E___D. The first name E___D was used exclusively during his military service. His DD Form 214 shows the first name E___D when he was discharged in September 1992. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005423 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005423 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2