IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20090000227 


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, that the last name listed in his Official Military Personnel File (OMPF) and on his DD Form 214 (Report of Separation from Active Duty) be changed to show the last name listed on his birth certificate.

2.  The applicant states, in effect, that his mother did not marry his father until after his birth.  Therefore, his birth certificate lists his mother's maiden name as his last name; his DD Form 214 should match the last name listed on his birth certificate.  

3.  The applicant provides the following documents in support of his application:  an Application for Change of Name of Adult, Certification of Birth, and DD Form 214.

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 OMPF shows he was inducted into the Army of the United States (AUS) and entered active duty on 25 June 1973.  The applicant’s DD Form 47 (Record of Induction) lists the last name, S___n, the applicant now claims is incorrect.

3.  On 14 September 1973, in connection with the applicant's processing into the AUS, the applicant completed a DD Form 398 (Statement of Personal History).  The applicant listed his last name in Item 1 (First Name, Middle Name, Maiden Name, Last Name) as the one he now claims is incorrect.  The applicant also authenticated this document with his signature in Item 20 (Signature of Person Completing Form) using the same last name listed in item 1.

4.  The applicant's OMPF contains a Certificate of Clearance and/or Security Determination, dated 14 June 1974, which lists the last name the applicant now claims is incorrect.  The OMPF also contains a DA Form 2-1 (Personnel Qualification Record) which lists his last name as the one he claims is incorrect.

5.  On 16 June 1976, the applicant was honorably released from active duty and issued a DD Form 214 that shows he completed a total 2 years, 11 months, and 21 days of active military service.  The last name entered in Item 1 (Name) is consistent with the last name, S___n, recorded on his induction record and on all other official documents that were prepared throughout his tenure on active duty. 

6.  The applicant provides a copy of his birth certificate which lists his last name as B___r, his mother's maiden name as B___r, and his father's name as S___n. He also provides an Application for Change of Name of Adult, dated 8 December 2008, which shows he petitioned the Probate Court, Cuyahoga County, Ohio for a change of his last name to match the last name that is shown in his military records.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that his DD Form 214 should be corrected to reflect the last name listed on his birth certificate.  

2.  While it is understandable why the applicant would like to have his last name changed in his military records and on his DD Form 214 to match his birth certificate, the available records show he entered the military, served, and was separated under the last name that he claims is incorrect. 

3.  The Army has an interest in maintaining the integrity 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.  Absent any evidence that the applicant has actually suffered an injustice based on the name recorded on his military records and on the specific document in question, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct his last name at this late date.  

4.  This Record of Proceedings along with the applicant's application and supporting documents will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the last name on his birth certificate and the last name recorded in his military records.  

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.




      _______ x_   _______   ___
               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)                                         AR20090000227



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ABCMR Record of Proceedings (cont)                                         AR20090000227


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