ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  11 September 2019

	DOCKET NUMBER:  AR20180003778


APPLICANT REQUESTS:  for correction of military records from the subject individual 
to correct all his military documents by correcting the following:
*	delete: “Hxxx J. X”
*	add: “Hxxxxx J. X”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	State of ertificate of Birth
*	Affidavit to amend a record of birth
*	Honorable Discharge Certificate
*	State of Certificate of Death
*	State of Driver License

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant’s spouse states the correct spelling of the given name of the FSM is 
Hxxx.  His birth record lists his given name as Hxxx.  An affidavit to amend a record of 
birth corrected his first name to “Hxxxxx”, but he always spelled his name “Hxxxxx”.  
FSM’s family would like for his military marker to be spelled “Hxxxxx”

3.  The applicant provides:

	a.  The State of Alabama Certificate of Birth, which shows the spelling of his first 
name as “Hxxx”.

	b.  The Affidavit to Amend a Record of Birth, dated XX April XXXX, shows the 
spelling of his first name as “Hxxxxx”.
	c.  An Honorable Discharge Certificate for the FSM, dated xx October xxxx.  It shows 
his first name as “Hxxxxx”.

	d.  The State of Alabama Certificate of Death, dated XX September XXXX, which 
shows his first name as “Hxxxxx”.

	e.  The State of Alabama driver license shows the FSM’s first name as “Hxxxxx”.

4.  A review of the FSM’s service record shows:

	a.  His military records are not available to the Board for review.  A fire destroyed 
approximately 18 million service members’ records at the National Personnel Records 
Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  
However, this case is being considered using reconstructed records which only consist 
of a copy of a War Department Form 871.

	b.  However, his first name on his War Department Form 871, line 16 shows, 
“Hxxxxx”

	c.  There are no available service records, which shows the spelling of his name as 
“Hxxxxx”.  

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers at the time of retirement, 
discharge, or release from active duty service or control of the Active Army.  It 
established standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is a summary of a Soldier’s most recent period of continuous active 
service and it provides a concise record reflective of active service at the time of release 
from active duty, retirement, or discharge.  The general instructions stated all available 
records would be used as a basis for preparation of the DD Form 214.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence 
presented does not demonstrate the existence of a probable error or injustice.  
Evidence of record shows the FSM used the contested name during his entire period of 
service.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed. 

The applicant is advised that a copy of this decisional document, along with her 
application and the supporting evidence she provided, will be filed in the FSM’s official 
military records.  This should serve to clarify any questions or confusion regarding the 
difference in the name recorded in his military records and to satisfy the applicant’s 
desire to have his legal name documented in his military records.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: :X	:X	:X	DENY APPLICATION


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.

	  
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.

REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Personnel Separations – Separation Forms), prescribed the 
forms to be used in the separation of Army personnel and are applicable to all officer 
and enlisted personnel on active duty.  They also apply to certain members of the 
Reserve components on active duty for training.  It directed to enter the last name, first 
name, and full middle name or names, if any in item 1 at the time of separation.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180003778

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