IN THE CASE OF: BOARD DATE: 04 May 2010 DOCKET NUMBER: AR20090018314 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 records to show his legal name was J-- S----- M-----. 2. The applicant states he wants to use his legal name to update his military records for when he dies and receives his military burial. 3. The applicant provides his Certificate of Birth, an Amendment to Certificate of Birth, and a photocopy of his driver license and social security card. 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 military records show he enlisted in the Regular Army on 16 March 1971. He was awarded military occupational specialty 71M (chaplain's assistant). The highest rank/grade he held during his service was specialist four (SP4)/E-4. 3. On 15 March 1973, the applicant was honorably released from active duty. His DD Form 214 shows his name as S----- M-----. He completed a total of 2 years of active military service. Throughout the applicant’s official military record his name is shown as S----- M-----. 4. The applicant's Amendment to Certificate of Birth, filed with the Texas Department of Health - Bureau of Vital Statistics on 30 July 1999, shows his name was corrected from S----- M----- to J—S----- M-----. 5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 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 an Amendment to Certificate of Birth, filed on 30 July 1999, showing his name was corrected from S----- M----- to J—S----- M-----, he enlisted, served, and was honorably released from active duty under the name shown in his military records. Therefore, the Amendment to Certificate of Birth filed 27 years after he was released from active duty is not sufficiently mitigating to warrant changing his military records to include his DD Form 214. 3. 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, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his correct 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. 4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct 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 correct name documented in his OMPF. 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) AR20090018314 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090018314 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1