IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080012509
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. 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 "Wa***rs" instead of "Wo***r."
2. The applicant states that his last name is misspelled on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated10 October 1958, and a copy of his birth certificate, dated (issued) 6 October 2004, in support of his request.
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years on 12 October 1955. He held military occupational specialty (MOS) 101.00 (Flash Ranging Crewman) and attained the rank of specialist four.
4. On 8 October 1958, Headquarters, U.S. Army Artillery and Missile Center, Fort Sill, Oklahoma, published Special Orders Number 242 directing the applicant's separation from the Regular Army. The orders listed the applicant's last name as "Wo***r."
5. The applicant's DD Form 214 shows he was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 10 October 1958.
6. Item 1 (Last Name, First Name, Middle Name) of the applicants DD Form 214 shows his last name as " Wo***r."
7. The applicant provided a copy of his birth certificate, issued on 6 October 2004 that shows his last name as " Wa****s."
8. 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 his DD Form 214 be corrected to show his last name as "Wa***rs" instead of "Wo***r."
2. It appears that the applicant enlisted and served using his last name as "Wo***r." The last name he used is consistent with the last name shown on his separation orders.
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 military service records. This should serve to clarify any questions or confusion regarding the applicants different last names, and adequately document his last name in his record for the purpose of entitlement to veterans' benefits.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
XXX
_______ _ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080012509
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ABCMR Record of Proceedings (cont) AR20080012509
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