RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070014361
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. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
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 military records to show his last name as J_ _ _ _ _ _ instead of S_ _ _ _ _ _.
2. The applicant states that the name change is needed for eligibility for Veterans Administration (VA) benefits.
3. The applicant provides the following additional documentary evidence in support of his application:
a. A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 January 1982.
b. A copy of his Social Security Card.
c. A copy of his State of Ohio Certificate of Birth, dated (issued on) 18 March 2005.
d. A copy of his State of Ohio Driver License, dated 18 April 2002.
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 applicants 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 applicants 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 (RA) for 3 years on 4 December 1978. He enlisted using the last name S_ _ _ _ _ _ and he signed his enlistment documents using the last name S_ _ _ _ _ _.
3. The applicant was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 28 January 1982. The DD Form 214 he was issued shows he completed 3 years of creditable active Federal service. This form also shows his last name S_ _ _ _ _ _ and he signed it using the last name S_ _ _ _ _ _.
4. The applicants records show that he used the last name S_ _ _ _ _ _ on all of his military documents and records throughout his military service.
5. The applicant's submitted copies of his Social Security Card, Driver License, and Certificate of Birth, showing his last name as J_ _ _ _ _ _.
6. 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.
7. 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 soldiers 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 his service records be corrected to change his last name to J_ _ _ _ _ _.
2. Evidence of record shows the applicant enlisted and served using the last name S_ _ _ _ _ _ throughout his military career. His service records are consistent with the name he was using 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 applicants 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
__jea___ __wdp___ __jlp___ 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.
James E. Anderholm
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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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