IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021590
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 (Certificate of Release or Discharge from Active Duty) to show his last name as W-----o.
2. The applicant states:
* The last name shown on his DD Form 214 is S--------d and he needs it corrected to show W-----o
* His mom remarried and he took the last name of S--------d for approximately 10 years
* He has gone back to the last name W-----o
* His Social Security Number never changed
3. The applicant provides a copy of his:
* Maine driver's license
* Social Security card
* Certification of Birth
* DD Form 214
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. Section X (Statement of Name for Official Military Records) of the applicant's DD Form 1966 (Record of Processing - Armed Forces of the United States), dated 10 November 1983, shows he acknowledged his birth certificate shows the last name W-----o but he preferred to use the name S--------d. As such, he enlisted in the Regular Army on 10 November 1983 for a period of 3 years under the name S-------d. He served as a motor transport operator and he was honorably discharged on 14 June 1985.
3. Item 1 on the applicant's DD Form 214 shows the last name S--------d.
4. All documents bearing the applicant's last name contained in his service personnel record shows the last name S--------d.
5. In support of his claim, the applicant provided a birth certificate, his Maine driver's license, and his Social Security card which show the last name W-----o.
6. Army Regulation 635-5 (Separation Documents) 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 that 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. 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.
2. On 10 November 1983, the applicant elected to serve under the last name
S--------d instead of W-----o, the last name that is shown on his birth certificate. On 14 June 1985, he was honorably discharged under the same preferred last name of S--------d. He voluntarily chose to serve under the last name of
S--------d. Therefore, there is no basis for granting his requested relief.
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) AR20100021590
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ABCMR Record of Proceedings (cont) AR20100021590
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