IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015584 


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 to show the last name H_____.

2.  The applicant states, in effect, he wants the record to reflect the name he was given when he was born.   

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), driver's license, social security card, and 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.  The applicant was inducted into the Army of the United States on 17 June 1966.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation (MSO) on 11 June 1968.  

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted under the name T_____ H_____ R_____.  

4.  A DD Form 398 (Statement of Personal History) completed at the time of induction also shows the name T_____ H_____ R_____ and the social security number xxx-xx-xx18.  The applicant listed foster parents as his father and mother on the form and indicated his biological father was deceased and the whereabouts of his biological mother was unknown.  The form shows the applicant was using the same last name as his foster father and the last name of his biological father as his middle name.

5.  Review of the applicant's Official Military Personnel File shows he signed documents using the name T_____ H_____ R_____ or T_____ H. R_____ throughout his Army service.

6.  His DD Form 214 shows in item 1 (Last Name - First Name - Middle Name) T_____ H_____ R_____, and he signed the form using the name T_____ H. R_____.  Effective 16 June 1972, upon completion of his MSO, he was discharged from the USAR under the name T_____ H. R_____.

7.  The birth certificate provided by the applicant shows the same biological parents he listed on his DD Form 398 and shows he was named T_____ J_____ H_____.  The number on his social security card matches the social security number on his DD Form 398.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence is not sufficient to support the applicant's request to correct his record to show his last name as H_____.

2.  The evidence of record shows the applicant was inducted under the name T_____ H_____ R_____ and that the name was used consistently in his military records.  The applicant used the signatures T_____ H_____ R_____ or T_____ H. R_____ throughout his military service.  

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 record the name on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s 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 will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the name he used during his military service and the name recorded on his Certificate of Live Birth.

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)                                         AR20100015584



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ABCMR Record of Proceedings (cont)                                         AR20100015584



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