| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Shirley Powell | Member | |
| Ms. Barbara J. Ellis | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as "P_ _ _ _."
2. The applicant states that he entered military service without his birth certificate and he told the U.S. Army that his name was "P_ _ _ _." He states that his identification (I.D.) was a driver's license with the name of "M_ _ _ _ _." He also states that he told "them" his correct name was "P_ _ _ _" but "they" would not accept this name.
3. The applicant provides a copy of his DD Form 214; his Certification of Birth; his Department of Veterans Affairs I.D. card; his state of Illinois I.D. card; and his social security card.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 1 October 1976. The application submitted in this case is dated 19 March 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Regular Army on 10 August 1976. At the time of his enlistment processing, he completed his DD Form 4/1 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) to show his last name as "M_ _ _ _ _" in Block 1 (Name-last, first, middle).
4. The applicant entered his last name as "M_ _ _ _ _" in block 1 on his DD Form 1966 (Application for Enlistment-Armed Forces of the United States). Under item 23 of Section III (Verification of Personal Data) on the applicant's DD Form 1966, he indicated his name as shown on his birth certificate was
"P_ _ _ _," but his preferred enlistment name was the same name as given in block 1. He acknowledged that he had not changed his name through any court procedure and that he preferred to use the name by which he was known in the community as a matter of convenience and with no criminal or fraudulent intent. He further acknowledged that he was the same person as the one whose name was shown in block 1 on the DD Form 1966.
5. The applicant provided a copy of his Birth Certificate which shows his last name as "P_ _ _ _."
6. The applicant was honorably discharged on 1 October 1976 under the Trainee Discharge Program. His DD Form 214 shows his last name as
"M_ _ _ _ _" in item 1 (Name-last, first, middle). He authenticated his DD Form 214 indicating his last name as "M_ _ _ _ _."
7. Army Regulation 635-5 (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. In pertinent part it states that 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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.
2. Although the applicant's birth name is "P_ _ _ _," he appropriately served on and was discharged from active duty under the name "M_ _ _ _ _." While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records so an additional record of his birth name will be on hand.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 October 1976; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 September 1979. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
SAC_____ SP______ BJE_____ DENY APPLICATION
| CASE ID | AR2003088393 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040309 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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