IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025418
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 reflect his last name as
T-ed--y instead of T-ead--y.
2. The applicant states, in effect, that he served under the last name of
T-ead--y; however, once he received a copy of his birth certificate he discovered that his last name is spelled as T-ed--y.
3. The applicant provides a copy of his Missouri Commercial Driver License and State of Tennessee Certificate of Live Birth.
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 Regular Army in Crossville, TN on 27 August 1962 for a period of 3 years and training as an armor crewman. He enlisted under the last name of T-ead--y and his enlistment contract indicates that his U.S. citizenship by birth was verified by Schools Records Branch and parents certificate.
3. He completed his basic training at Fort Gordon, GA and his advanced individual training at Fort Knox, KY before being transferred to Fort Carson, CO.
4. On 18 September 1963 he was transferred to Germany for assignment to an armor company as a gunner. He was promoted to pay grade E-5 on 19 January 1965.
5. He departed Germany on 6 August 1965 and he was transferred to Fort Dix, NJ where he was honorably released from active duty (REFRAD) on 12 August 1965 as an overseas returnee. He had served 2 years, 11 months, and 16 days of total active service. All of his service was served under the last name of
T-ead--y.
6. A review of his official record shows the applicant signed all of the documents in his records as T-ead--y. The birth certificate provided by the applicant shows his last name spelled as T-ed--y.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served his entire enlistment under the last name of T-ead--y and his records properly reflect such.
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 name on his birth
certificate 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 last name contained on his birth certificate 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 name recorded in his military record and to satisfy his desire to have his legal name documented in his OMPF. Accordingly, there is no basis for granting the applicants requested relief.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20100025418
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ABCMR Record of Proceedings (cont) AR20100025418
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