AR20150009574

IN THE CASE OF:

BOARD DATE: 29 March 2016

DOCKET NUMBER: AR20150009574

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 DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 June 1976, to show his middle name as “Cleo.”

2. The applicant states the name “Rxxxxx G. Axxxxxxxx” is incorrect. His middle name is “Cleo.”

3. The applicant provides:

* Letter from the Social Security Administration (SSA)
* DD Form 215 (Correction to DD Form 214), dated 14 November 2011

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his full name as “Rxxxxx Axxxxxxxx.” He did not list a middle name and he signed this form with this name.

3. He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 31 May 1974. Item 1 (Name (Last-First-Middle)) of his DD Form 4 (Enlistment/Reenlistment Document) listed his full name as “Rxxxxx Axxxxxxxx.” He authenticated this contract with his signature using this name.

4. All allied documents associated with this enlistment also listed his full name as “Rxxxxx Axxxxxxxx.” An entry on his DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only) shows the entry “NMN (No Middle Name) next to his name.

5. He was discharged from the DEP and he subsequently enlisted in the RA on 8 July 1974. When he enlisted, he took an oath and confirmed his enlistment by signing his name as “Rxxxxx Axxxxxxxx.”

6. His DA Form 2-1 (Personnel Qualification Record), which was created upon his entry on active duty, listed his name as shown on his DD Form 4 and he signed this form after reviewing it using the same name.

7. Several documents in his service record show his full name as “Rxxxxx Axxxxxxxx” and include:

* Separation orders
* Servicemembers Group Life Insurance Certificate
* DA Form 428 (Application for Identification Card)
* DD Form 93 (Record of Emergency Data)

8. He was honorably released from active duty on 30 June 1976. Item 1 (Name (Last, First, Middle)) of his DD Form 214 lists his full name as “Rxxxxx Axxxxxxxx.” He authenticated this form with his signature using this name.

9. On 14 November 2007, he was issued a DD Form 215 that corrected the social security number shown on his DD Form 214. He did not raise the middle name as an issue at that time.

10. He provides a copy of the DD Form 215 with a statement from the SSA verifying his social security number and listing his full name as Rxxxxx Cleo Axxxxxxxx.

11. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DDForm214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record shows upon his enlistment in the DEP and in the RA, the applicant listed his name as “Rxxxxx Axxxxxxxx.” The first and last names he used are consistent with the first and last names on all documents in his service record. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correctly listed, and he never used a middle name. He did not use the middle name “Cleo” and the middle initial “G” does not appear anywhere in the available records. He did not use a middle name at any time 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. While it is understandable the applicant desires to now add a middle name to his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.

3. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant’s military service records, including the DDForm214, were correct at the time and there is no reason to change them. There is an insufficient evidentiary basis for granting the applicant’s requested relief.

BOARD VOTE:

________ ________ ________ 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 that 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.

ABCMR Record of Proceedings (cont) AR20150009574

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ABCMR Record of Proceedings (cont) AR20150009574

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