IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027262 


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 show his last name as "V--noy" instead of "M------z."

2.  The applicant states he was 11 years old when his mother divorced his biological father and married his stepfather, "T--y M------z."  Although his last name was not legally changed through the courts his mother registered him in school with the last name of "M------z."  He states he was inducted using the last name of "M------z."  It was not until he was 28 years old when he found out it was legal, so he had all of his records changed to reflect his legitimate last name.

3.  The applicant provides a copy of:

* A Standard Form (SF) 180 (Request Pertaining to Military Records)
* His DD Form 214
* His California Driver License
* His Social Security Card
* His Department of Veterans Affairs (VA) identification card
* Correspondence to the VA and the National Personnel Records Center (NPRC)


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 was inducted into the Army of the United States on 6 August 1969 under the last name of "M------z."

3.  His official military personnel file (OMPF) contains the following documents:

	a.  A DD Form 398 (Statement of Personal History), dated 3 August 1968, that shows in item 1 (First Name - Middle Name - Maiden Name (If any) - Last Name) his last name as "M------z."  Item 3 (Alias(es), Nickname(s), or Changes in Name) shows the entry "V--ouy, L-------y."  Item 20 (Remarks), in reference to item 3, shows "mother married & divorced 4 times.  I took each stepfather's name, but V--ouy is my real name."

	b.  A DD Form 47 (Record of Induction), dated 6 August 1968, that shows in item 1 (Last Name - First Name - Middle Name) his last name as "M------z."

	c.  A DA Form 41 (Record of Emergency Data), dated 6 August 1968, that shows in item 1 (Designator's Last Name, First Name, Middle Name) his last name as "M------z."  Item 11 (Name and Address), b (Father) shows the entry
"G----e V—ouey, add[ress] unk[nown].  Item 11c (Mother) shows the entry Nancy (H---d) M------z, Japan, add unk."

	d.  A VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated  8 August 1968, that shows his last name as "M------z."  In section 1 (Designation of Beneficiary) he designated his sister, "S---n L-------y."

	e.  A DD Form 1584 (National Agency Check Request), dated 9 August 1968, that shows in item 1 (Last Name - First Name - Middle Name) his last name as "M------z."  Item 2 (Alias(es) and all former name(s)) shows the entry "V--ouy, L-------y."
4.  On 8 January 1968, the applicant requested discharge from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) chapter 5, paragraph 9, because he felt that at the time of induction he did not meet the applicable medical fitness standards for induction.

5.  On 5 February 1969, the applicant was honorably released from military control under the provisions of Army Regulation 635-200 with a separation program number of 376 (Release from military control (void induction) because of not meeting medical fitness standards at time of induction).

6.  Review of the applicant military personnel and medical records shows he used the last name of "M------z" through his period of service.  There are no documents in these records that show he ever used "V--noy" or "V--ouy" during his service.

7.  On 29 October 1974, the applicant submitted an SF 180 under the last name of "M------z," with an enclosed State of California Department of Public Health Certified Copy of Birth Record, wherein his last name is shown as "V--noy."  He stated his separation document (DD Form 214) was now invalid due to a change in his last name.  He further stated that his mother changed his last name after marrying his stepfather.  He states it was not done through the court, but it was common law after 7 years.  He needs his records corrected for VA benefits.

8.  His record contains a DD Form 1343 (Notification of Change of Service Members Official Name), dated 16 December 1974, that shows in item 1 (Name (Last, first, middle) his last name as "M------z."  This form further shows the entry, "The following change has been recorded in the official service records.  Appropriate records will be changed accordingly."  Item 12 (Name) shows the last name as "V--noy."

9.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for item 1, enter the last name, first name, and full middle name or names, if any.

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 DD Form 214 with the last name he served under.


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 correct last name on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the DD Form 214 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 correct last name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded on his DD Form 214 and to satisfy his desire to have his correct last name documented on his DD Form 214.

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)                                         AR20100027262



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ABCMR Record of Proceedings (cont)                                         AR20100027262



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