BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100020804
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 (Report of Separation from Active Duty) to show his last name of M----y O---z instead of just "M----y."
2. The applicant states that his records incorrectly reflect that his middle name is O---z and his last name is M----y when in fact he does not have a middle name.
3. The applicant provides:
* his Reserve Identification Card
* his Certification of Birth, issued on 7 August 2008, showing his last name as "M----y O---z"
* his Puerto Rico Drivers license and Social Security Card indicating his last name as M----y O---z
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 applicant enlisted in the U.S. Army Reserve (USAR) in New York on 26 September 1974 for a period of 3 years. At the time of his enlistment he enlisted using the middle name and last name of O---z M----y and he signed all of his documents in that manner.
3. He continued to serve under the last name of M----y and signed the Certified Mail Receipts for his non-attendance at drills using the last name of M----y.
4. On 25 September 1977, he was honorably discharged from the USAR in the last name of M----y.
5. The available records do not contain and the applicant has not provided any explanation as to why he used the last name of M----y instead of M----y O---z.
6. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his name shown in his military records should be changed from a middle name and last name of O---z M----y to a last name of
M----y O---z. However, contrary to the applicant's contention, the fact that the name shown in his military records is different than the name he currently uses does not necessarily constitute an error.
2. The evidence of record shows that the applicant enlisted, served, and was honorably released from active duty under the middle and last name of
O---z M----y. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Additionally, the applicant has offered no explanation as to the difference in the name he used at the time and the name he currently uses.
3. 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.
4. 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) AR20100020804
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ABCMR Record of Proceedings (cont) AR20100020804
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