IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012049 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: 22 August 2018 DOCKET NUMBER: AR20160012049 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: 22 August 2018 DOCKET NUMBER: AR20160012049 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, in effect, correction of his item 1 (Last Name-First Name-Middle Name) of his DD Form 214 (Report of Separation from Active Duty) to show his name as "" 2. The applicant states his full name is "." The name shown on his DD Form 214 is "" is his middle name. He wants his DD Form 214 to show his full name given at birth. He also wants his DD Form 214, birth certificate, and Social Security Card to all show the same full name to prevent any confusion as to who he is and his service to this country. 3. The applicant provides his DD Form 214, birth certificate, and 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. The applicant's records contain a DD Form 1966 (Application for Enlistment in the Armed Forces of the United States), dated 12 January 1976, which lists his name as . In item 23a (Name As Shown On Birth Certificate) of this form he listed the name "." Item 23a also contains the statement "I hereby state that I have not changed my name through any court procedure; and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent." He authenticated this form by signing his name as "" 3. He enlisted in the U.S. Army Reserve (USAR) on 13 January 1976. He was discharged from the USAR on 20 January and enlisted in the Regular Army (RA) on 21 January 1976. 4. His records also contain a DA Form 4c (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 21 January 1976, which lists his name as "" He authenticated this form by signing his name as "" 5. Item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record – Part II), reviewed on 26 May 1976, lists his name as "" He authenticated this form by signing his name as "." 6. He was honorably released from active duty on 9 August 1976 and was transferred to a Reserve unit. His DD Form 214 shows he completed 6 months and 19 days of active service and 8 days of prior inactive service. Item 1 of this form shows his name as "" 7. He provides his State of Louisiana Certification of Birth, issued on 16 April 2014, which identified an individual with the name of "" was born on the same birth date of record as the applicant. He also provides his Social Security Card that lists his name as "." REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 1 would list the full name verified in the Soldier's record. DISCUSSION: 1. The evidence of record shows the applicant served in the USAR and RA with the name "" The name listed on his DD Form 214 is consistent with the other documents in his records. He authenticated several documents in his records indicating his name was correct. He did not use the requested name during his military service. 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. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214, correctly reflect the information available at the time they were prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953