IN THE CASE OF: BOARD DATE: 27 February 2018 DOCKET NUMBER: AR20160007026 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 27 February 2018 DOCKET NUMBER: AR20160007026 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 reflect his first name as V____ instead of V____. 2. The applicant states his first name is spelled incorrectly. 3. The applicant provides a copy of his 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. On 27 September 1979, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment/Reenlistment Agreement– Armed Forces of the United States) shows his first name as V___. 3. The following documents in the applicant’s Official Military Personnel File (OMPF) show his first name spelled as V___: * DA Form 873 (Certificate of Clearance and/or Security Determination) * Permanent Orders 1XX-2, dated 3 October 1985 * DA Form 2-1 (Personnel Qualification Record) * DA Form 41 (Record of Emergency Data) * DA Form 2A (Personnel Qualification Record) 4. The applicant signed his DD Form 214. Item 1 (Name) shows his first name spelled as V___. 5. His OMPF is void of documents that show his first name spelled as V__. 6. The applicant provides a copy of his social security card which shows his first name spelled as V___. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation 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 is complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. A review of his OMPF shows he served the entirety of his career with his first name spelled as V____ 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. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and the name on his social security card. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007026 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007026 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2