IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100007365
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) to show his last name as G-p--- instead of G-b---.
2. The applicant states that his last name is G-p---. He contends that all of his military records are incorrect.
3. The applicant provides a copy of his Oklahoma Driver License, State of Oklahoma Delayed Certificate of Birth, and State of Oklahoma Marriage License.
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 was inducted into the Army of the United States on 14 January 1966. His DD Form 47 (Record of Induction), shows his last name as G-b---.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows his last name as G-b---. Item 47 (Signature of Individual) shows that the applicant signed using the last name of G-b---.
4. A review of the applicant's entire Official Military Personnel File (OMPF) and his available finance records failed to produce a single document showing his last name as anything other than G-b---. Additionally, all documents requiring the applicant's signature show he signed with the last name of G-b---.
5. The applicant's DD Form 214 for the period ending 7 February 1968 shows his last name as G-b---, with his signature clearly shown using the same spelling.
6. The applicant provided a copy of a Delayed Certificate of Birth, issued on
21 April 2004, and his Oklahoma Driver License. Both of these documents show his last name as G-p---. He also provided a Probate Minute, dated 12 June 2006, changing his Oklahoma Marriage License, which was also provided, to change his last name from G-b--- to G-p---.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his last name as G-p---.
2. The applicant served in the Army of the United States using the name currently recorded throughout his military personnel and finance records. There is no evidence of record and none provided by the applicant that shows he used any other last name than the name under which he served. The fact that he now desires a change to that name is not a sufficiently mitigating factor that warrants granting relief.
3. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100007365
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ABCMR Record of Proceedings (cont) AR20100007365
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