BOARD DATE: DOCKET NUMBER: AR20090015443 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 that his records be corrected to show his last name as Gxxxxx instead of Jxxxxxx. 2. The applicant states his birth certificate shows his name as Gxxxxx. Therefore, his records should be corrected to show this last name. 3. The applicant provides a copy of a birth certificate for Jxxxx Exxxxx Gxxxxx. 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 under the last name of Jxxxxxx on 21 March 1980. The applicant's official military record makes no reference to an individual with the last name of Gxxxxx. 3. The applicant was honorably discharged on 21 June 1982 under the provisions of Army Regulation 635-200, paragraph 5-31h(2). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated with the last name of Jxxxxxx. DISCUSSION AND CONCLUSIONS: 1. The applicant states his birth certificate shows his last name as Gxxxxx; therefore, his records should be corrected to show this name instead of Jxxxxxx. 2. The applicant was enlisted in and served under the last name of Jxxxxxx. There is no evidence that he ever used the last name of Gxxxxx, or that he requested correction of his records to show a name other than the name that is shown on his DD Form 214 and throughout his records. 3. 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 material error or injustice those records should not be changed. While it is understandable that the applicant desires to have the name recorded on his birth certificate included in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 5. The applicant is advised that this Report of Proceedings along with his application and supporting documents will be filed in his military records to provide clarity and to deal with any confusion that may arise regarding the difference in his last name. This will also guarantee the historical accuracy of the applicant's record regarding the last name under which he served. 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) AR20090015443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1