BOARD DATE: 8 December 2010
DOCKET NUMBER: AR20090011517
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 full name in item 1 (Name (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 July 1992 be changed to include the suffix Senior (SR).
2. The applicant states that his name on his DD Form 214 for the period ending 2 July 1992 and his military records should be changed to reflect his entire name to correspond with his social security card. He has children with the compound last name and would, therefore, like his records to reflect his full name. He contends that his full last name is hyphenated and includes the "SR" suffix.
3. The applicant provides a copy of his social security card; a letter, dated 24 October 2008, from the Social Security Administration; and a copy of his DD Form 214 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 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. A DD Form 214 for the period ending 21 July 1986 shows the applicant served in the Regular Army from 22 September 1983 to 21 July 1986. Item 1 of the DD Form 214 for this period of service shows the last name G____ with no suffix.
3. The applicant's enlistment contracts, dated 25 June 1987 and 29 November 1989, show his last name as G____ with no suffix. He served as an administrative specialist. On 2 July 1992, he was honorably discharged under the Voluntary Early Transition Program.
4. Item 1 of the applicant's DD Form 214 for the period ending 2 July 1992 shows the last name G____ with no suffix.
5. All of the applicant's service personnel records show the last name G____ with no suffix.
6. In support of his claim, the applicant provided a copy of his social security card which shows a compound surname with the "SR" suffix.
7. 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 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. Although the social security card provided by the applicant shows a compound surname with the "SR" suffix, the applicant was enlisted and discharged under the surname G____ with no suffix. While the Board understands the applicant's desire to have the records changed, it finds 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 his surname 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.
___________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.
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