Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070009359
Original file (20070009359.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070009359 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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 correction of his records to show his last name as "M******e" instead of "T****s."

2.  The applicant states that he was legally adopted by his father.

3.  The applicant provides a copy of the Final Decree of Adoption, dated 14 September 2000, in support of his application.

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 records show that he enlisted in the Regular Army under his last name "T****s" on 6 May 1961.  He later had a series of extensions and/or reenlistments, all under this same last name.  The applicant's records further show that he was honorably retired on 31 March 1994 in accordance with Army Regulation 635-200 (Personnel Separations).  The DD Form 214 the applicant was issued at the time of his retirement shows that he was identified as "T****s" and that he authenticated the form using the signature "T****s."
3.  On 14 September 2000, the State of Montana Tenth Judicial District Court approved the applicant's father's petition to adopt the applicant and ordered the appropriate agency in the State of Oregon, where the applicant was born, to correct the applicant's birth certificate to reflect his new legal name as "M******e."

4.  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.

5.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In 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.  The applicant requests that his military records be corrected to show his last name as "M******e" instead of "T****s."

2.  Evidence of record shows that the applicant enlisted and served under the same last name “T****s” throughout his entire military career.  Therefore, the Army records are consistent with the applicant's name at that time.

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.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different names, and adequately document his last name in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __dll___  __rmn___  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.




							Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009359
SUFFIX

RECON

DATE BOARDED
20071120
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060002216C070205

    Original file (20060002216C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Good Conduct Medal, Combat Action Badge, and the Army Commendation Medal (3rd Award). The Board noted the applicant’s request for award of the Army Commendation Medal (3rd Award) and the Combat Action Badge. Additionally, his DD Form 214 shows he was awarded two Army Commendation Medals in a period of three years and was honorably discharged...

  • ARMY | BCMR | CY2008 | 20080000615

    Original file (20080000615.TXT) Auto-classification: Approved

    The FSM's military records are not available to the Board for review. Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Bronze Star Medal and the World War II Victory Medal.

  • ARMY | BCMR | CY2011 | 20110001746

    Original file (20110001746.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The documents provided by the applicant confirm the FSM’s, his father's, and his brother's last name as “Cu----.” However, the preponderance of evidence shows the FSM served in and he was separated from active service using the spelling of his last name as “Co----.” 2. _________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...

  • ARMY | BCMR | CY2010 | 20100027262

    Original file (20100027262.txt) Auto-classification: Denied

    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. A DD Form 47 (Record of Induction), dated 6 August 1968, that shows in item 1 (Last Name - First Name - Middle Name) his last name as "M------z." This form further shows the entry, "The following change has been recorded in the official service records.

  • ARMY | BCMR | CY2003 | 2003089931C070403

    Original file (2003089931C070403.rtf) Auto-classification: Approved

    The applicant states that he is requesting an opportunity to present an updated and completed packet containing each and every officer evaluation report for the selection board. The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 24 July 1970. Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined that the applicant’s official military personnel...

  • ARMY | BCMR | CY2008 | 20080014985

    Original file (20080014985.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 1 (Name) of the DD Form 214 he was issued at the time shows his last name as "Is__l." The applicant requests that his records and/or his DD Form 214 be corrected to show his last name as "We__s" instead of "Is__l."

  • ARMY | BCMR | CY2011 | 20110024684

    Original file (20110024684.txt) Auto-classification: Denied

    The applicant requests change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his real and legal last name. 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. It provides a brief, clear-cut record of active Army service at the time of release from active...

  • ARMY | BCMR | CY2011 | 20110023547

    Original file (20110023547.txt) Auto-classification: Denied

    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 M _ _ _ instead of W _ _ _. The applicant's Official Military Personnel File (OMPF) contains a U.S. Army Recruiting Command (USAREC) Form 131-R (Applicant's Statement of Name Change), dated 25 November 1968, which indicates the last name shown on his birth certificate is M _ _ _. There is no evidence showing he ever used the name of M _ _ _.

  • ARMY | BCMR | CY2006 | 20060000292C070205

    Original file (20060000292C070205.doc) Auto-classification: Denied

    On 26 March 1985, the separation authority approved the applicant’s request for discharge and directed that he receive an under other than honorable conditions discharge. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The evidence of record shows the applicant had 1,804 days of lost time due to AWOL, an offense punishable by a punitive discharge.

  • ARMY | BCMR | CY2007 | 20070015402

    Original file (20070015402.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 April 2008 DOCKET NUMBER: AR20070015402 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. The applicant requests: a. reconsideration of his earlier request for correction of his records to show he was separated due to physical disability retirement rather than disability severance pay; and b. correction of...