IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080016490
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 (Report of Separation from Active Duty) to show his last name as F_____.
2. The applicant states that he had his last name changed from W_______ to F_____ after he was discharged from active duty. He would like to be issued a DD Form 215 (Correction of DD Form 214) using his current legal name.
3. The applicant provides a copy of his DD Form 214 and the Judgment from the Fourth Judicial Court, Parish of Ouachita, State of Louisiana 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 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 17 November 1972. His DD Form 47 (Record of Induction) shows his last name as W_______. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 62B (engineer equipment repairman).
3. On an unknown date, he completed a DD Form 398 (Statement of Personal History) and entered his last name as W_______ in Block 1 (First Name - Middle Name - Maiden Name (if any) - Last Name). In Block 3 (Alias(es), Nickname(s), or Changes in Name (Other than by marriage)), he entered the name J____ F_____. On 22 November 1972, he completed a DD Form 1584 (National Agency Check Request) which shows his last name as W_____.
4. His DA Form 20 (Enlisted Qualification Record - Part II) shows his last name as W_____.
5. Headquarters, U.S. Army Aviation Center and Fort Rucker, Special Orders Number 14, dated 18 January 1974, promoted the applicant to specialist four, in primary MOS 62B2O. These orders show his last name as W_______.
6. The remaining documents in the applicants service personnel records show his last name as W_____.
7. Headquarters, United States Army Aviation Center and Fort Rucker, Special Orders Number 210, dated 22 October 1974, released the applicant from active duty with an effective date of 13 November 1974. These orders show his last name as W_______.
8. The applicant was released from active duty on 13 November 1974. Item 1 (Last Name - First Name - Middle Name) on his DD Form 214 shows his last name as W_____.
9. The applicant provided a Judgment from the Fourth Judicial Court, Parish of Ouachita, State of Louisiana, which shows his last name was changed from W_______ to F_____ . on 16 June 1977.
10. 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. The applicants court document shows his last name was changed from W_______ to F_____on 16 June 1977, subsequent to his separation date.
3. Although the applicant appears to be currently using the last name, F_____, he served on and was released from active duty under the last name W_____. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records so a record of the name he is currently using will be on hand.
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.
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