IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100026736
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 16 February 1956 to show his last name as "M____" instead of "R____."
2. He states, in effect, that his DD Form 214 should be changed to the last name of "M____."
3. He provides a DD Form 214 and a Final Action Judgment from the State of New Jersey Ocean County Court, dated 6 November 1961.
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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, this case is being considered using reconstructed records which primarily consist of his DD Form 214 for the period ending 16 February 1956 and a State of New Jersey Ocean County Court Final Action Judgment, dated 6 November 1961.
3. The applicant's DD Form 214 shows:
* on 17 February 1954, he was inducted into the Army of the United States
* his last name on the document as "R____"
* on 16 February 1956, he was honorably released from active duty after completing 2 years of creditable active duty service
* the last name of his signature as "R____"
4. He provides a Final Action Judgment from the State of New Jersey Ocean County Court, dated 2 November 1961, that shows his last name was changed from "R____" to "M____" effective 15 November 1956.
5. 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 and 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 requests correction of his DD Form 214 to show his last name as M____. He provides a State of New Jersey Ocean County Court Final Action Judgment that shows his last name was changed from "R____" to "M____." However, the State of New Jersey Ocean County Court Final Action Judgment alone is insufficient evidence to show his last name on his DD Form 214 should be corrected and he has not shown the Army's records are indeed wrong. The evidence of record shows he changed his name after his release from active duty.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable he desires to now record his current name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. He is advised that a copy of this decisional document along with his application and the supporting documents he provided will be filed in his reconstructed records. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his available military records and to satisfy his desire to have his current name documented in his military records.
4. In view of the above, the applicant's request should be denied.
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 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) AR20100026736
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ABCMR Record of Proceedings (cont) AR20100026736
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