RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 November 2006
DOCKET NUMBER: AR20060004177
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Thomas A. Pagan
Chairperson
Mr. Peter B. Fisher
Member
Ms. LaVerne M. Douglas
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his military records be corrected to show the last name Mxxxxz instead of Mxxxxz-Vxxe.
2. The applicant states, in effect, that his last name is incorrect on his military records.
3. The applicant provides a copy of his birth certificate in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 8 September 1967, the date of his release from active duty. The application submitted in this case is dated 6 March 2006.
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 limitations 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 applicants failure to timely file.
3. The applicant's records contain a DD Form 47 (Record of Induction), dated 2 August 1965. This form identifies the applicant as Mxxxxz-Vxxe. The applicant's records contain an Acknowledgement of Service Obligation which was authenticated by the applicant. The applicant's signature shows the last name "Mxxxxz."
4. There are numerous documents in the applicant's military personnel service record which identify the applicant as both Mxxxxz and Mxxxxz-Vxxe.
5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that the applicant was identified as Mxxxxxz-Vxxe and authenticated the form using the signature Mxxxxz-Vxxe.
6. The applicant submitted a copy of his birth certificate which shows that his full name as Lxxs Axxxxxo Mxxxxz Vxxe.
7. Army Regulation 600-8-104 (Military Personnel Information Management
/Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component. It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his military records be corrected to show he served his term of service under the last name, Mxxxxz.
2. Evidence shows he was inducted under the last name, Mxxxxz-Vxxe. The applicant's birth certificate contain both last names. Therefore, the Army records are consistent with his birth certificate.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
5. A copy of this decisional document, along with his application, which confirms his birth name, will be filed in the applicants Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different last names, and adequately document his birth name in his record for the purpose of entitlement to veterans' benefits.
6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
7 September 1970. 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 timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__PBF__ __TAP___ __LMD__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
__Thomas A. Pagan_____
CHAIRPERSON
INDEX
CASE ID
AR20060004177
SUFFIX
RECON
DATE BOARDED
20061121
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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