IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110002606
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 name as L____ A____ C__ETTE rather than L____ A____ C__ET R____.
2. The applicant states the name entered on his DD Form 214 is incorrect. He was not present when the DD Form 214 was prepared and he has not received an official or certified copy of his DD Form 214.
3. The applicant provides a copy of his 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 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 records for L____ A____ C__ET R____ show he enlisted in the Regular Army on 3 April 1985 and was permanently retired on 23 August 1988 due to a physical disability.
3. All of the available service personnel and medical records, including his DD Form 214, show the name L____ A____ C__ET R____ or a shortened version thereof.
4. Copy 2 (Service) of the DD Form 214 is signed in item 21 (Signature of Member Being Separated) by L____ A. C. R____.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided no evidence that L____ A____ C__ETTE and L____ A____ C__ET R____ are one and the same person or that he legally changed his name at some point while on active duty.
2. Furthermore, even if they are one and the same, the record shows enlistment and service exclusively under the name L____ A____ C__ET R____. The applicant provided no evidence to show this was not his legal name during his period of active duty.
3. 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. There is insufficient evidence or a compelling reason for compromising the integrity of the Army's records at this late date.
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) AR20110002606
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002606
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110010965
The applicant requests correction of her military records to show her married surname. Her DD Form 214 shows: a. in item 1 (Name Last, First, Middle) "S____, D____ A____" and b. in item 21 (Signature of Member Being Separated) the applicant signed the document. As such, the document provided by the applicant is insufficient evidence to warrant a change to the name in her official military service records.
ARMY | BCMR | CY2014 | 20140008888
The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's records to show she is eligible to receive a Survivor Benefit Plan (SBP) annuity. ), the coverage elected was based on her full retired pay * it also shows the FSM was married to A____ L. R____ and she had one dependent child (the applicant) - A____ N. R____, daughter, date of birth: 16 January 1985 * the FSM's spouse (A____ L. R____) was listed as the beneficiary (100%) of unpaid retired...
ARMY | BCMR | CY2010 | 20100028161
The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show her correct social security number (SSN). The evidence of record shows this SSN continued to be recorded in the applicant's official military service records throughout her entire military service. Despite this fact, the evidence of record shows the incorrect SSN was recorded in the applicant's military records.
ARMY | BCMR | CY2010 | 20100020303
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his name as R____ A____ D____ instead of R____ D____ W____. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file.
ARMY | BCMR | CY2013 | 20130017977
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as R____ D____ H____. 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. All of his military service records show he served under the name K____ L____ S____.
ARMY | BCMR | CY2012 | 20120007015
The applicant requests his military records be corrected to show his name as legally changed on his birth certificate. 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 his desire to have his military records changed is understood, an official name change over 41 years after his...
ARMY | BCMR | CY2012 | 20120011084
His Army Military Human Resource Record (AMHRR) contains the following documents: * DD Form 47 (Record of Induction) * DD Form 398 (Statement of Personal History) * DD Form 1584 (National Agency Check Request), dated 26 July 1967 * DA Form 20 (Enlisted Qualification Record) * various orders 3. The above documents and all other documents contained in his AMHRR show his last name as "R____-C____." The applicant's military record shows he served in the Army under the last name of "R____-C____."
ARMY | BCMR | CY2011 | 20110003602
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her name from "T____ M____ H____ IV" to "R____ I____ A____." 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. The evidence of record shows the applicant only used the name...
ARMY | BCMR | CY2010 | 20100012698
The applicant's military service records are not available to the Board for review. Considering all the evidence and information presented by the applicant together with the available evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and separation document. In this regard, the evidence of record indicates the applicant's military service records...
ARMY | BCMR | CY2015 | 20150004851
The applicant provides his DD Form 214 and a court order. His records are void of documentation showing he served in the Army under any name other than the name listed on his DD Form 214. The applicant's military service records show he enlisted, served, and was discharged under the name that is listed on his DD Form 214.