IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100018678


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 or Transfer or Discharge) to show the correct spelling of his last name as Re----- instead of Ra-----.

2.  The applicant states that his last name is misspelled on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* his DD Form 4 (Enlistment Record - Armed Forces of the United States)
* his Ohio Certificate of Birth
* an Affidavit Correction of Birth Record, dated 29 May 2002
* his Social Security 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 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's record shows he enlisted in the Regular Army on 2 December 1958.  The DD Form 4 prepared during his enlistment processing lists his last name as Ra-----.  The applicant's DA Form 20 (Enlisted Qualification Record) also lists the same last name.  All other documents filed in his Official Military Personnel File (OMPF) also list same last name as recorded on his DD Form 4 and DA Form 20.

3.  On 5 April 1962, the applicant was honorably released from active duty by reason of expiration of service, after completing 3 years, 4 months, and 4 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time lists the same last name as recorded on his DD Form 4, DA Form 20, and on all other documents filed in his OMPF.  The applicant authenticated his DD Form 214 in Item 34 (Signature of Person Being Transferred or Discharged) by signing the same last name as listed throughout his OMPF.

4.  The applicant provides a certificate of birth that shows the same last name as listed throughout his OMPF.  He also provides a notarized affidavit, dated in 2002, wherein he swears that the last name listed on his certificate of birth should read Re----- instead of Ra-----.

5.  The applicant provides a Social Security card that shows his last name as
Re-----.

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s 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 applicant contends his DD Form 214 should be corrected to change the spelling of his last name.  However, the evidence of record confirms he entered, served, and was released from active duty under the name listed on his
DD Form 4, DA Form 20, DD Form 214, all other documents filed in his OMPF, and the original certificate of birth that he provides.

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 Army’s 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)                                         AR20100018678



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ABCMR Record of Proceedings (cont)                                         AR20100018678



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