IN THE CASE OF: 

		BOARD DATE: 16 August 2012

		DOCKET NUMBER:  AR20120003187
 

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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last name as S____ instead of D____.

2.  The applicant states he did not find out until after he left the service that his last name is S____.  He needs his records corrected to receive social security and veterans benefits.  

3.  The applicant provides copies of a:

* DD Form 214 
* birth certificate showing the last name of S____
* Form 88-5 (Application for 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.  A review of his Official Military Personnel File (OMPF) reveals the service member enlisted, served, and was released from active duty using the last name of D____, the name he states is incorrect.

3.  The applicant has provided a copy of a birth certificate showing the last name of S____.  There is no evidence that this last name was used by the service member while on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DD Form 214 should be corrected to show the last name as S____.

2.  The evidence of record clearly shows the service member used the last name of D____ throughout his period of military service.  There is no evidence that he ever used the last name that the applicant now uses.  In his statement, he acknowledges he did not find out his last name was S____ until after he left the service.

3.  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. 

4.  In view of the above, the applicant’s request should be denied. 

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)                                         AR20100017326



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ABCMR Record of Proceedings (cont)                                         AR20120003187



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