IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170004887 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: 5 September 2018 DOCKET NUMBER: AR20170004887 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: 5 September 2018 DOCKET NUMBER: AR20170004887 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 and DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 21 June 1970 and 2 July 1973 to show his first name as "Oxxxxxo" instead of Axxxxxa." 2. The applicant states his first name is spelled incorrectly. 3. The applicant provides: * two DD Forms 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. Prior to his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) on 4 August 1968 in which he listed his first name as "Axxxxxa." 3. On 5 August 1968, he was inducted into the Army of the United States. His DD Form 47 (Record of Induction) shows his first name as "Axxxxxa." 4. On 21 June 1970, he was honorably released from active duty. His DD Form 214 shows his first name as "Axxxxxa." 5. A review of his records for the period 5 August 1968 through 21 June 1970 shows he consistently used the first name "Axxxxxa" throughout his service. 6. Having a prior period of honorably enlisted service, the applicant enlisted in the Regular Army on 29 July 1970. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his first name as "Axxxxxa." 7. On 1 September 1970, he completed a DD Form 398 in which he listed his first name as "Axxxxxa." 8. On 2 July 1973, he was honorably released from active duty. His DD Form 214 shows his first name as "Axxxxxa." 9. A review of his records for the period 29 July 1970 to 2 July 1973 shows he consistently used the first name "Axxxxxa" throughout his service. 10. He provided a copy of his birth certificate, issued on 23 August 2012, which shows his first name as "Oxxxxxo." 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. The applicant contends his first name is recorded incorrectly in his records and DD Forms 214 for the periods ending 21 June 1970 and 2 July 1973. He contends his first name should be "Oxxxxxo" instead of Axxxxxa." 2. The evidence of record shows the applicant consistently used the first name "Axxxxxa" throughout his military service. 3. 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. 4. 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. 5. 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 first name recorded in his military records and the name shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004887 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004887 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2