IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010500
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, the daughter of a deceased former service member (FSM), requests correction of her father's records to show the fourth letter of his last name as an "i" instead of an "e."
2. The applicant states:
* the Army changed the spelling of the FSM's last name and refused to change it to the correct spelling in 1969
* when her mother and the FSM married, her mother had to use the spelling the Army gave him
* she and her two children have been raised with an incorrect last name
* she has to change all of their birth records to correspond to the correct name as the FSM's by using his birth records
* she believes that no one should have to go through what she is going through because of a misspelling
* she just became aware of this error and she is trying to fix it since the FSM is deceased.
3. The applicant provides the following documents:
* the FSM's certificate of death
* the FSM's certificate of birth
* her certificate of birth
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 FSM was inducted into the Army of the United States on 22 September 1967. His DD Form 47 (Record of Induction) shows the fourth letter of his last name as "e."
3. A review of the FSM's official military records shows his last name is spelled the same on every document contained therein as it is spelled on his DD Form 47. There is no evidence in the available records that shows he made any attempt to change the spelling of his last name while he was in the Army.
4. The FSM was honorably released from active duty on 19 September 1969. His last time is spelled the same on the DD Form 214 he was issued as it is on his DD Form 47 and the documents contained in his official record. The FSM even signed his last name on the documents contained in his official record that required his signature by using the spelling shown on his DD Form 47 and his DD Form 214.
5. The FSM's certificate of birth and the certificate of death show his last name is spelled with an "i" instead an "e" as the fourth letter. However, on the applicant's certificate of birth the FSM's last name is spelled with an "e" as the fourth letter.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered and although the FSM's certificate of birth and his certificate of death show his last name is spelled with an "i" instead of an "e" as the fourth letter, the FSM used an "e" instead of an "i" throughout his entire military service.
2. His official records show he served in the Army spelling and signing his name with an "e" as the fourth letter in his last name and there is no evidence that shows he ever made an attempt to change the spelling while he was in the Army or after his release.
3. 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. Although the applicant has the desire to correct the name shown in the FSM's official military record, there is not a sufficiently compelling reason for compromising the integrity of the Army's records as this late date.
4. The applicant is advised that a copy of the decisional document, along with her application and the supporting evidence which appears to confirm the spelling of the FSM's last name will be filed in the FSM's official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the spelling of his name as recorded in his military record and to satisfy the applicant's desire to have the spelling of the FSM's name changed in his military records.
5. 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) AR20100010500
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ABCMR Record of Proceedings (cont) AR20100010500
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