IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100026261
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his last name as Bxxxn.
2. The applicant states he is making this request based on his birth certificate. He discovered his real name [birth name] after he was separated from the service.
3. The applicant provides copies of a birth certificate, Social Security Card and 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. Armed Forces Examination and Entrance Station, Special Orders 173, dated 28 August 1968, indicates the applicant was inducted into the Army of the United States (AUS) on 28 August 1968 with the last name of Gxxx and with SSN
xxx-xx-xx61.
3. On 28 August 1968, the applicant completed a DD Form 398 (Statement of Personal History) indicating his last name was Gxxx and his SSN was
xxx-xx-xx67.
4. The applicant continued to serve in the AUS until he was honorably released on 21 June 1970. His DD Form 214, item 1 (Last Name, First Name Middle Name), shows Gxxx, Jxxxxxx, Cxxxxxx and item 3 (SSN) shows xxx-xx-xx61.
5. The Social Security Card that he provides lists his last name as Bxxxx and SSN xxx-xx-xx61.
6. The Birth Certificate that he provides lists his last name as Bxxxx and it contain no SSN.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence to suggest the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name he served under. 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. While it might be understandable that the applicant now desires the record to show his birth name, in the absence of a showing of material error or injustice, there is a reluctantce to recommend that those records be changed.
2. In any event, there is no 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 will be filed in the OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and the name on his birth certificate.
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) AR20100026261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100026261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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