IN THE CASE OF:	

		BOARD DATE:	  3 March 2009

		DOCKET NUMBER:  AR20080017246 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name spelled as McMxxxxx instead of MacMxxxxx.

2.  The applicant states that his name was incorrectly spelled on his original 
DD Form 214 and he had been told that due to homeland security concerns his name should be spelled the same on all his official documents.

3.  The applicant provides a DD Form 214 and a photocopy of his Ohio State Driver License in support of this application.

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 show he enlisted in the Regular Army on 2 October 1967 under the last name MacMxxxxx.  His enlistment contract, authenticated in his own hand, shows his last name as MacMxxxxx.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (combat engineer).  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

3.  On 1 October 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214, authenticated in his own hand, shows his last name as MacMxxxxx.  He completed a total of 2 years of creditable active military service.  Throughout the applicant’s official military record his last name is shown as MacMxxxxx.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.  

2.  While the applicant provides a copy of a current state driver license which shows his last name spelled McMxxxxx, the applicant enlisted, served, and was honorably released from active duty from the Army under the last name shown in his military records.  Therefore, any concerns he may now have about the spelling of his last name under which he enlisted and served subsequent to his release from active duty is not sufficiently mitigating to warrant changing the name recorded in his military records.

3.  While the Board understands the applicant’s desire to have his last name changed on his DD Form 214, it finds no basis for compromising the integrity of the Army’s records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.

5.  A copy of this decisional document, along with this application and the supporting evidence he provided will be filed in the applicant’s Official Military Personnel File.  This should serve to clarify any questions or confusion in regard 
to the difference in the last name he currently uses and the last name recorded in his military records and satisfy his desire to have a different last name documented in his record. 


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)                                         AR20080017246



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ABCMR Record of Proceedings (cont)                                         AR20080017246



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