IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090019523
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 show his last name as M_____.
2. The applicant states he went by his mother's married name during school and was led to believe it was his legal name when he was younger.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Social Security Card, birth certificate, and a marriage certificate.
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 29 August 1968 under the last name W_____.
3. He served honorably for 1 year, 11 months, and 3 days with 1 year, 3 months, and 3 days of foreign service in Germany and Vietnam.
4. The applicant's 23 September 1970 DD Form 214 shows his last name as W___ as do all of the documents prepared during his entire period on active duty.
5. All documents in the applicant's Official Military Personnel File (OMPF) show him as C____ E____ W____.
6. The birth certificate provided by the applicant was issued on 30 June 2008 and shows C____ E____ M____ was born on 7 April 1949 to L____ M____ M____ and V____ R____.
7. The marriage certificate provided by the applicant shows a C____ E____ M____ married on 15 October 2009.
8. The Social Security card provided by the applicant, issued 22 October 2009 for C____ E____ M____, matches the number used by the service member C____ E____ W_____.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he went by his mother's married name during school and was led to believe it was his legal name when he was younger.
2. 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, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his correct name, there 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 evidence he provided, will be filed in his 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 correct name documented in his military 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) AR20090019523
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ABCMR Record of Proceedings (cont) AR20090019523
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