IN THE CASE OF:  

		BOARD DATE:  15 August 2018

		DOCKET NUMBER:  AR20160008896


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:  15 August 2018

		DOCKET NUMBER:  AR20160008896


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:  15 August 2018

		DOCKET NUMBER:  AR20160008896


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 records to show his middle name as instead of .

2.  The applicant states his records show the incorrect middle name.

3.  The applicant provides no additional evidence.

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's DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 25 March 1981, shows in:

	a.  Section V (Certification), his recruiter verified his name using his prior service DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 372 (Request for Verification of Birth) (not available for review); and

	b.  Section X (Statement of Name for Official Military Records), he indicated his name, , had not been changed through any legal court or other legal procedure and that he preferred to use the name , for enlistment.  He also indicated his social security account number reflected the name .

3.  He enlisted in the Regular Army on 12 May 1981.  His DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the United States) shows his name as __.

4.  A review of his records shows he consistently used the middle name  throughout his service.

5.  On 10 May 1984, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for this period shows his middle name as .

REFERENCES:

1.  Army Regulation 635-5 (Personnel Separations – Separation Document), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  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.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION:

1.  The applicant contends his middle name should be recorded as .

2.  His DD Form 1966 for the period under consideration shows he elected to use the middle name for his military service and he consistently used this name throughout his service.

3.  For historical purposes, the Army has an interest in maintaining the accuracy 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 a change to those records.

4.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in his military records and the middle name he now uses.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953