IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090017042
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 12 March 1992 to show the last name of T _ _ _ _ _ _ _ _ vice S_ _ _ _.
2. The applicant states, in effect, unbeknownst to him and his mother his father changed his last name to T _ _ _ _ _ _ _ _ when he was a baby. The applicant states that he did not know about this prior to being separated from the military. However, he is in the process of purchasing a home and he needs his name on his DD Form 214 to match his social security card.
3. The applicant provides copies of:
a. his DD Form 214;
b. a State of New York Certificate of Birth showing his last name as
T _ _ _ _ _ _ _ _;
c. a Social Security Administration Card with the last name T _ _ _ _ _ _ _ _; and
d. a Social Security Statement with his last name as 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 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 on 9 May 1989.
3. All documents in his service records show his last name as S_ _ _ _.
4. On 12 March 1992, he was issued a general discharge. His DD Form 214 shows his last name as S_ _ _ _.
5. The applicant provided copies of his State of New York Certificate of Birth, Social Security Card, and Social Security Statement that indicates his last name has been changed to T _ _ _ _ _ _ _ _.
6. 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 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 correction of his DD Form 214 to show his last name as T _ _ _ _ _ _ _ _. He provided copies of his State of New York Certificate of Birth, Social Security Card, and Social Security Statement which show his last name as T _ _ _ _ _ _ _ _. However, these documents are insufficient to change his last name to T _ _ _ _ _ _ _ _. He has not shown that the Army's records are in error. The applicant enlisted and served under the name of S_ _ _ _.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 have the last name that he now uses recorded in his records this is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant 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 satisfy his desire to have the last name that he currently uses documented in his military records and clarify any questions or confusion regarding the difference in the last names documented in his records.
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) AR20090017042
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ABCMR Record of Proceedings (cont) AR20090017042
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