IN THE CASE OF:
BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090014690
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 records to reflect a spelling of his last name as Sa---o.
2. The applicant states that he served under the last name of So---o; however, he had to have his birth certificate and Social Security Card changed to reflect the correct spelling of his last name to Sa---o.
3. The applicant provides a copy of his amended birth certificate and Social Security Card, a copy of his fathers Certification of Death, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army (RA) in St. Louis, MO on 19 November 1958 under the last name of So---o for a period of 3 years.
3. He completed his training and served under the last name of So---o until he was honorably released from active duty on 26 February 1962 by reason of expiration of his term of service. A review of his records shows that he signed his last name as So---o throughout his service.
4. He again enlisted in the RA in St. Louis on 5 February 1968 under the last name of So---o and served until he was discharged under honorable conditions on 13 December 1968.
5. The documents provided by the applicant show his birth certificate was amended by an affidavit to change the spelling of his last name to Sa---o on 3 March 2006.
6. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his last name shown in his military records should be changed from So---o to Sa---o.
2. It is understandable that the applicant desires to have the name recorded in his military records changed to his current legal name; however, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.
4. The evidence of record shows that the applicant enlisted twice, served, and was honorably released from active duty and discharged under the name So---o. The fact that on 3 March 2006, more than 40+ years after his discharge, he had his name changed from So---o to Sa---o is not a sufficiently mitigating factor that warrants granting the requested relief.
5. For historical purposes, the Army has an interest in maintaining the accuracy 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is
understandable the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
6. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his OMPF.
7. 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) AR20090014690
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027646
The applicant requests correction of his record to change his first name from "Louis" to "Luis." 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. The evidence of record shows the applicant only used the first name "Louis" during his Army service.
ARMY | BCMR | CY2011 | 20110023740
A review of the applicant's military records reveals: a. he served in the Regular Army from 1967 to 1970 and again from 1977 to his retirement on 31 December 1993; b. he attained the rank of sergeant first class/pay grade E-7 and completed 20 years of active duty service; and c. without exception, every document in his military records shows the same spelling of his last name without the additional letter "e." 3. The applicant served in the Regular Army under the spelling of the last name...
ARMY | BCMR | CY2011 | 20110022635
Application for correction of military records (with supporting documents provided, if any). 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 spelled as "Thigxxx." The evidence of record shows the applicant served under and was discharged under the last name as shown in his records and on his DD Form 214.
ARMY | BCMR | CY2014 | 20140008274
The applicant requests correction of his DD Form 214 (Certificate of Release from Active Duty) to show his last name as "S_____T" instead of "S_____D." 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. Item 1 (Name Last, First, Middle) of the applicant's DD Form 4...
ARMY | BCMR | CY2009 | 20090003208
The applicant requests that his military records be corrected to show the spelling of his last name as W---el instead of W---le. 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. The applicant enlisted under the last name W---le; all documents contained in his military records show his...
ARMY | BCMR | CY2011 | 20110018505
The applicant requests that his records be corrected by deleting the letter d from the end of his first name. The evidence of record shows the applicant enlisted, served, and was honorably released from active duty using a first name that ended in the letter d. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. The applicant is advised that a copy of this decisional document will be...
ARMY | BCMR | CY2011 | 20110011693
ARMY | BCMR | CY2010 | 20100011037
The applicants military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. The applicant's enlisted record and his Honorable Discharge Certificate show the spelling of his last name as "U____." The fact that the applicant is now submitting a birth certificate showing a different spelling is not sufficient justification to change his military records as they were originally constituted.
ARMY | BCMR | CY2014 | 20140019404
It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 (Correction to DD Form 214) to show the SSN as it is shown on his social security card. ABCMR Record of Proceedings (cont) AR20140019404 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2012 | 20120021681
IN THE CASE OF: BOARD DATE: 6 June 2013 DOCKET NUMBER: AR20120021681 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 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.