BOARD DATE:	  February 4, 2010

		DOCKET NUMBER:  AR20090015565 


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 records be corrected to reflect a last name of “MICHELS” instead of “MICHALES.”

2.  The applicant states that his last name is incorrectly spelled in his military records.

3.  The applicant provides a copy of his birth certificate and a copy of his 
DD Form 214 (Report of Separation from Active Duty).

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 Mississippi Army National Guard (MAARNG) with parental consent on 12 January 1973.  At the time he enlisted, his last name was spelled “MICHALES” and he signed his enlistment contract with that spelling.

3.  On 3 March 1974, he was honorably discharged from the MSARNG and was involuntarily ordered to active duty for failure to satisfactorily participate in required unit training.

4.  He was involuntarily ordered to active duty on 4 March 1974 and was transferred to Germany on 29 March 1974.

5.  On 8 January 1976, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of total active service and he had 80 days of lost time due to being in confinement.  His DD Form 214 issued at the time of his REFRAD shows his last name is spelled as “MICHALES” and he signed the DD Form 214 with that spelling.

6.  A review of the applicant’s official records show his last name was spelled “MICHALES” throughout his service and that he signed it spelled the same way.  Documents contained in his records dated as recently as 1990 show he signed his last name as “Michales.”  

7.  The birth certificate submitted by the applicant reflect that his last name was spelled as “MICHELS.”

8.  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 Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his last name shown in his military records should be changed from “MICHALES” to MICHELS.”

2.  At the time the applicant enlisted with parental consent on 12 January 1973, he spelled his last name as ”MICHALES” and he served all of his military service with his name spelled that way and his signature reflected the same spelling.

3.  Although the applicant has provided a birth certificate showing that he was born with a last name of “MICHELS,” he has provided no explanation as to why he spelled his last name differently when he enlisted.  

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  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.  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 Army’s records at this late date.  

5.  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 records and to satisfy his desire to have his current name documented in his OMPF.

6.  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)                                         AR20090015565



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015565



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1