IN THE CASE OF:	  

		BOARD DATE:	    31 January 2013

		DOCKET NUMBER:  AR20120012894 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as shown on his birth certificate.

2.  The applicant states he entered the military using his step-father's last name.  He has been using his last name as shown on his birth certificate for the last 34 years and now needs to have his DD Form 214 corrected.

3.  The applicant provides his:

* DD Form 214
* DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty)
* birth certificate from the Commonwealth of Virginia

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.  He enlisted in the Regular Army (RA) on 10 August 1967.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his last name as "H____."

3.  His Military Personnel Records Jacket (MPRJ) contains a document entitled "Applicant's Statement of Name Change," dated 3 August 1967.  On this document the applicant acknowledged his last name as shown on his birth certificate, was "W____."  However, he verified he was known as and preferred to use the last name of "H____."

4.  All of his active duty records in his MPRJ show his last name as "H____."

5.  On 4 April 1971, he was released from active duty.  His last name shown on his DD Form 214 is "H____."  His date of birth (DOB) is shown as 15 July 1949.

6.  On 21 November 1980, he enlisted in the North Carolina Army National Guard using the last name "W____."

7.  The birth certificate from the Commonwealth of Virginia shows his last name as "W____" and his DOB as 15 July 1949.

DISCUSSION AND CONCLUSIONS:

1.  The "Applicant's Statement of Name Change" shows he knowingly enlisted in the RA using the last name of "H____" instead of "W____," his last name as shown on his birth certificate.  All of his active duty records reflect his last name as "H____."

2.  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.  His last name of "W____" as shown on his birth certificate is recorded in his MPRJ in the "Applicant's Statement of Name Change" wherein he indicated he desired to enlist using the last name "H____."  Therefore, his last name of "H____" shown on his DD Form 214 is consistent with his desires at the time of enlistment.  There is not a compelling reason for compromising the integrity of an Army record created over 40 years ago.

3.  The applicant is advised that a copy of this decisional document which confirms his birth name will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion in regard to the difference in his last name recorded in his AMHRR and to satisfy his desire to have his birth last name documented in his AMHRR.

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 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)                                         AR20120012894



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012894



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1