IN THE CASE OF:	  

		BOARD DATE:	        19 March 2009

		DOCKET NUMBER:  AR20080014985 


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, in effect, correction of his records and/or DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as "We__s" instead of "Is__l."

2.  The applicant states that the name "Is__l" is his father’s name and that his mother did not use that name.

3.  The applicant provides a copy of his DD Form 214, dated 4 April 1984, and a copy of his birth certificate, dated 30 November 1959, 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 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 he enlisted in the Regular Army for a period of 3 years on 25 September 1979.  Item 1 (Name) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his last name as "Is__l."  The applicant authenticated this form by placing his signature in item 14b (Signature of Applicant/Reenlistee) and item 17b (Signature of Delayed Entry Program (DEP) Enlistee) using his last name "Is__l."

3.  On 10 February 1982, the applicant executed a 6-month extension in the Regular Army.  He authenticated this form by placing his signature in the appropriate block using his last name as "Is__l."

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) created on 2 October 1982 and reviewed by the applicant on 23 August 1983 shows his last name as "Is__l."

5.  The applicant’s service record contains various personnel documents including a copy of his record of emergency data, permanent change of station orders, promotion orders, award orders, and various other documents that show his last name as "Is__l."

6.  The applicant was honorably released from active duty on 4 April 1984 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 1 (Name) of the DD Form 214 he was issued at the time shows his last name as "Is__l."  The applicant authenticated this form by placing his signature in item 21 (Signature of Member Being Separated) using his last name as "Is__l."

7.   On 29 January 1985, the applicant enlisted in the Tennessee Army National Guard (TNARNG) for a period of 1 year.  Again, item 1 of his DD Form 4 shows his last name as "Is__l."  He authenticated this form by placing his signature in item 13b (Signature of Enlistee/Reenlistee) using his last name as "Is__l."  He also executed a 6-month extension in the TNARNG on 11 January 1986 using his last name as "Is__l."

8.  The applicant’s records also show he was honorably discharged from the USAR on 7 April 1982.  The discharge order, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, shows his last name as "Is__l."

9.  The applicant provided a copy of his birth certificate, issued on 30 November 
1959 that shows his last name as "We__s."

10.  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 OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It 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 records and/or his DD Form 214 be corrected to show his last name as "We__s" instead of "Is__l."

2.  The evidence of record shows that upon his enlistment in the Regular Army on 25 September 1979, the applicant listed his last name as "Is__l."  His last name is consistent with the name on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his last name on each form was correct.  He did not use the name "We__s" on any official documents during his military service.

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 applicant’s last name in this case.

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


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)                                         AR20080014985



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ABCMR Record of Proceedings (cont)                                         AR20080014985



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