RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070017980
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. Michael L. Engle
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show the correct spelling of his last name.
2. The applicant states that his name is incorrectly entered on his military records.
3. The applicant provides copies of his DD Form 214, birth certificate, social security card, and drivers license, all showing his last name spelled as ***nn**.
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 was inducted into the Army of the United States on
6 August 1968. His family name was typed as ***n** and was used consistently during his entire period of active duty service.
3. On 5 August 1970, he was released from active duty and transferred to the United States Army Reserve. His characterization of service was honorable. His DD Form 214 was issued using the same spelling ***n**, and he signed his name the same way.
4. On 5 June 1979, the applicant was discharged from the United States Army Reserve with an honorable characterization of service. His Reserve record shows that he had continued the use of ***n** as the spelling of his last name.
5. On 18 September 1989, the applicant enlisted in the United States Army National Guard. In Section VIII (Statement of Name for Official Military Records) of his Enlistment Contract, he acknowledged the difference in the spelling of his name and elected to use ***n** vice ***nn**.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Army of the United States, United States Army Reserve, and the United States Army National Guard. He was honorably separated from all Components using the name currently recorded in his military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change to the name for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
2. 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.
3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current name will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
4. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA __ __WDP__ __JLP __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__ 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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