IN THE CASE OF: BOARD DATE: 8 June 2010 DOCKET NUMBER: AR20090014690 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 to reflect a spelling of his last name as Sa---o. 2. The applicant states that he served under the last name of So---o; however, he had to have his birth certificate and Social Security Card changed to reflect the correct spelling of his last name to Sa---o. 3. The applicant provides a copy of his amended birth certificate and Social Security Card, a copy of his father’s Certification of Death, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 enlisted in the Regular Army (RA) in St. Louis, MO on 19 November 1958 under the last name of So---o for a period of 3 years. 3. He completed his training and served under the last name of So---o until he was honorably released from active duty on 26 February 1962 by reason of expiration of his term of service. A review of his records shows that he signed his last name as So---o throughout his service. 4. He again enlisted in the RA in St. Louis on 5 February 1968 under the last name of So---o and served until he was discharged under honorable conditions on 13 December 1968. 5. The documents provided by the applicant show his birth certificate was amended by an affidavit to change the spelling of his last name to Sa---o on 3 March 2006. 6. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldier’s personnel record. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his last name shown in his military records should be changed from So---o to Sa---o. 2. It is understandable that the applicant desires to have the name recorded in his military records changed to his current legal name; however, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. 4. The evidence of record shows that the applicant enlisted twice, served, and was honorably released from active duty and discharged under the name So---o. The fact that on 3 March 2006, more than 40+ years after his discharge, he had his name changed from So---o to Sa---o is not a sufficiently mitigating factor that warrants granting the requested relief. 5. 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 that those records be changed. While it is understandable the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 6. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his OMPF. 7. In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20090014690 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1