BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100008979
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 military records be corrected to show his last name spelled G__B_Y instead of G__V_Y.
2. The applicant states his last name is spelled G__B_Y on his birth certificate. He states he found out that his last name was spelled with a "B" after his initial service in the Regular Army and the Wisconsin Army National Guard.
3. The applicant provides a copy of a birth 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 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. A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows that "G__V_Y, R____ M____" enlisted in the Regular Army on 30 May 1972 for a period of 2 years at 17 years of age. The social security number (SSN) entered on the form is XXX-XX-4381 and the date of birth is entered as 25 March 1955.
3. A completed DD Form 398 (Statement of Personal History), dated 17 May 1972, shows the last name spelled as G__V_Y and his SSN as XXX-XX-4381. He signed this form using the last name G__V_Y.
4. A DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 22 May 1972, identifies the enlistee with the last name G__V_Y. The enlistee's mother is identified with the last name G__V_Y and she signed her name using the last name G__V_Y.
5. Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, Special Orders Number 143 Extract, dated 23 May 1974, released Specialist Four
R____ M. G__V_Y, SSN XXX-XX-4381, from active duty not by reason of physical disability.
6. On 23 May 1974, the applicant was released from active duty. His DD Form 214 (Report of Separation from Active Duty) shows in:
* item 1 (Last Name - First Name - Middle Name) - G__V_Y, R____ M____
* item 3 (Social Security Number) - XXX-XX-4381
* item 4 (Date of Birth) 55 3 25 [25 March 1955]
7. Documents throughout the military personnel records jacket (MPRJ) identify the Soldier with the last name G__V_Y. On documents requiring the Soldier's signature, he signed spelling his last name as G__V_Y.
8. Office of the Adjutant General, Reserve Components Personnel and Administration Center, Orders 04-1027805, dated 25 April 1978, discharged G__V_Y, R____ M. from the Standby Reserve effective 29 May 1978.
9. A Certification of Vital Record from the State of Texas San Antonio Metropolitan Health District submitted by the applicant, shows R____ M. G__B_Y was born in Bexar County, TX, on 25 March 1955. The father is identified as D____ C. G__B_Y.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his last name is spelled G__B_Y instead of G__V_Y.
2. The birth certificate submitted by the applicant shows the last name spelled as G__B_Y.
3. His DD Form 4, DD Form 398, DD Form 373, orders for separation, and the DD Form 214 all identify the Soldier with his last name spelled G__V_Y.
4. All other official Army documents throughout his MPRJ show the last name spelled as G__V_Y. In places the Soldier was required to sign a document, he signed spelling his last name G__V_Y. On the required parental consent form, his mother signed spelling her last name G__V_Y.
5. It appears the applicant is now using the name that appears on his claimed birth certificate. While the applicant's desire to have his military records changed is understood, there is no basis for compromising the integrity of the Army's records.
6. 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. While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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) AR20100008979
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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