IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100012737
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Fxxd" instead of "Hxxxxxxn."
2. The applicant states his mother told him his last name was "Hxxxxxxn." However, when he went to get married, he found out his real last name was "Fxxd."
3. The applicant provides the following documents:
* A copy of his birth certificate
* A copy of his social security card
* A copy of his Department of Veterans Affairs (VA) card
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 applicants records show he enlisted in the Regular Army (RA) for a period of 3 years on 11 August 1983. Item 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his last name as "Hxxxxxxn." The applicant authenticated this form by placing his signature in the appropriate blocks using his last name as "Hxxxxxxn."
3. His DA Form 2-1 (Personnel Qualification Record) that was created upon the applicant's entrance into the Army shows his last name as "Hxxxxxxn." He reviewed this form at a later date and authenticated it by placing his signature in Item 34 (Signature) using his last name as "Hxxxxxxn."
4. His records contain several official personnel documents including a record of emergency data, a record of servicemens group life insurance, an application for a military identification card, and various other orders that show his last name as "Hxxxxxxn."
5. He was honorably released from active duty on 10 June 1986 by reason of expiration of his term of service. Item 1 (Name) of the DD Form 214 he was issued shows his last name as "Hxxxxxxn." He authenticated this form by placing his signature in item 21 (Signature of Member Being Separated) using his last name "Hxxxxxxn."
6. He provided a copy of his birth certificate, issued on 9 October 2009; social security card, issued on 16 November 2009; and VA card. These documents show his last name as "Fxxd."
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that 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 evidence of record shows upon his enlistment in the RA on 11 August 1983, the applicant listed his last name as "Hxxxxxxn." This last name is consistent with the last name on several documents in his service record throughout his entire military service. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct. He did not use the last name "Fxxd" during his military service.
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, 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.
3. 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 Official Military Personnel File (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.
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) AR20100012737
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012737
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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