IN THE CASE OF:
BOARD DATE: 14 July 2009
DOCKET NUMBER: AR20090004956
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his last name as O*******e instead of M******a.
2. The applicant states, in effect, that he joined the military under his grandfather's last name. He states that he had his last name changed in 2004 and he wants all of his legal documents to correspond with his current last name of O*******e.
3. The applicant provides a DD Form 214 and a court order changing his name in support of this 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's records show he enlisted in the Regular Army on 24 February 1987 and served as a Power Generation Equipment Repairer until he was honorably released from active duty on 23 February 1990.
3. The applicant's enlistment contract is not available; however, his DA Form
2-1 (Personnel Qualification Record) shows his last name as M******a.
4. The applicant's active duty separation orders show his last name as M******a.
5. Block 1 (Name) of the applicant's DD Form 214 also shows his last name as M******a.
6. Army Regulation 635-5 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 Soldiers 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 DD Form 214 be corrected to show his last name as O*******e instead of M******a.
2. Evidence of record shows the applicant served under the last name of M******a throughout his entire military career. He states he did not change his last name until 2004, 14 years after he separated from active duty.
3. 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, the applicant has failed to establish a sufficient reason for changing his last name on his military records.
4. While the applicant's desire to have the records changed is understandable, he has provided no basis for compromising the integrity of the Army's records. This Board action will be filed in the applicants military records; therefore, a record of his name change will be on hand.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090004956
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004956
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020804
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that the applicant enlisted, served, and was honorably released from active duty under the middle and last name of O---z M----y. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2010 | 20100021590
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as W-----o. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2013 | 20130021845
His record includes a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), prepared and authenticated by the applicant on 5 March 1970, which shows he listed his first and last names as the names he claims were changed in October 1969. A review of his available military records show he served under the first and last names he claims were changed in October 1969 throughout his entire military service. Evidence shows he served under...
ARMY | BCMR | CY2014 | 20140014704
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as "C-----N S-----O" instead of "C-----N-N-----Z." The evidence of record shows that upon his enlistment in the USAR on 24 June 1976, the applicant listed his last name as "C-----N N-----Z." ABCMR Record of Proceedings (cont) AR20140014704 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014704 2 ARMY BOARD FOR...
ARMY | BCMR | CY2010 | 20100029710
The applicants military records are not available to the Board for review. The applicant's DD Form 214 shows he enlisted in the Regular Army for 3 years on 5 November 1955. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his last name as "Gxxxdaos" and his DOB as "12 Jxxx xxxx."
ARMY | BCMR | CY2011 | 20110023547
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 M _ _ _ instead of W _ _ _. The applicant's Official Military Personnel File (OMPF) contains a U.S. Army Recruiting Command (USAREC) Form 131-R (Applicant's Statement of Name Change), dated 25 November 1968, which indicates the last name shown on his birth certificate is M _ _ _. There is no evidence showing he ever used the name of M _ _ _.
ARMY | BCMR | CY2014 | 20140009164
The last name M----- is not recorded on any documents in his military records. This regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. All documents throughout the applicant's military records reflect his name as S----.
ARMY | BCMR | CY2010 | 20100008979
The applicant requests that his military records be corrected to show his last name spelled G__B_Y instead of G__V_Y. The applicant states his last name is spelled G__B_Y on his birth certificate. ___________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.
ARMY | BCMR | CY2012 | 20120000623
Application for correction of military records (with supporting documents provided, if any). He requests correction of his military records to show he served under the name of O---- M. M----. However, his records show he enlisted and served in both the ARNG and USAR under the name of M---- O. M----.
ARMY | BCMR | CY2007 | 20070009093
The applicant requests that her military records be corrected to show her last name as "M****w" instead of "F****r." 2. Evidence of record further shows that she served under the name "F****r" during the period 26 February 1981 (date of marriage) through 6 September 1996 (date of discharge). Therefore, the Army records are consistent with the applicant's name at that time.