IN THE CASE OF:	

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090002992 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 8 October 1999 to show his correct last name.  He further requests that his DD Form 214 be corrected to reflect all military awards to which he is entitled.

2.  The applicant states that his DD Form 214 shows his last name as G____ and that his real last name is T____.  He further states when he applied for a marriage license he found out that his stepfather’s last name – G____ – was not his legal name, thus he began the process of using his legal last name of T____.

3.  The applicant provides copies of:

	a.  his DD Form 214;

	b.  a State of Oregon Certificate of Birth showing his last name as T____;

	c.  a United States of America Passport, issued on 9 September 2006, showing his last name as T____;

	d.  a State of Oregon Driver's License with the last name T____; and 

	e.  a Social Security Administration Card with the last name T____.


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 enlisted in the Regular Army on 28 June 1990.

3.  All documents in his service records show his last name as G____.

4.  On 8 October 1999, he was honorably released from active duty.  His DD Form 214 shows his last name as G____.

5.  A DD Form 215 (Correction to DD Form 214), dated 11 May 2006, was issued to the applicant which amended item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 October 1999 by adding the Army Good Conduct Medal (3rd Award), United Nations Medal, and Marksman Marksmanship Qualification Badge with Grenade Bar.  A copy of the DD Form 215 will be forwarded to him; therefore, this issue will not be discussed further in this Record of Proceedings.

6.  The applicant provided copies of his State of Oregon Certificate of Birth, United States of America Passport, State of Oregon Driver's License, and Social Security Card that indicate that his last name has been changed to T____.

7.  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 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 correction of his DD Form 214 to show his last name as T____.  He provided copies of his State of Oregon Certificate of Birth, United States of America Passport, State of Oregon Driver's License, and Social Security Card which show his last name as T____.  However, the documents are insufficient evidence to show that his last name of G____ as shown on his DD Form 214 should be corrected, and he has not shown that the Army's records are indeed wrong.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable that he desires to now record his correct last name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  He is advised that a copy of this decisional document along with his application and the supporting documents he provided will be filed in his records. 
This should serve to clarify any questions or confusion with regard to the difference in the last name recorded in his available military records and satisfy his desire to have his correct last name documented in his military records.

4.  In order to justify correction of a military record he must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He has failed to submit evidence that would satisfy the aforementioned requirement.

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)                                         AR20090002992



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ABCMR Record of Proceedings (cont)                                         AR20090002992



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