IN THE CASE OF:   

		BOARD DATE:  15 August 2018

		DOCKET NUMBER:  AR20160010795


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:  AR20160010795


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:  AR20160010795


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 (Report of Separation from the Armed Forces of the United States) by removing the "Jr." designation from his name.

2.  The applicant states the "Jr." designation on his DD Form 214 does not match his birth certificate.  There is no "Jr." on his birth certificate.

3.  The applicant provides:

* DD Form 214
* Birth certificate

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 military personnel records are not available for review.  The case is being considered using the documents provided by the applicant.

3.  His DD Form 214 shows:

	a.  He was inducted into the Army of the United States on 2 September 1952.

	b.  He was promoted to the temporary rank of corporal on 25 February 1954.

	c.  He was awarded or authorized the:

 * Korean Service Medal
 * United Nations Service Medal
 * Army Good Conduct Medal
 * National Defense Service Medal

	d.  He completed 1 year, 11 months, and 11 days of net service and he had 1 year, 2 months, and 27 days of foreign service.

	e.  He was honorably released from active duty on 12 August 1954 with the "Jr." name designation.

4.  He provided a certified true copy of his birth certificate, issued on 9 May 1994, that shows both he and his father had the same name.  The "Jr." name designation is not shown on his birth certificate.

REFERENCES:

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.

DISCUSSION:

1.  While it is understandable that he now desires to record his name as shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
2.  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.

3.  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 name recorded in his military records and the name shown on his birth certificate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                      



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160010795



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160010795



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2