BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110005349
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 amendment to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name change.
2. He states that he changed his last name from BXXXX to SXXXXXX by a court order. He is requesting this correction so that in the future his family will be able to research his military history if needed.
3. He provides:
* Disability orders
* DD Form 214 (Report of Separation from Active Duty) ending on 16 May 1977
* District Court of Geary County court order
* Letter from 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 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's military records show he enlisted in the Regular Army on 14 July 1969. He was honorably released from active duty on 1 September 1970 for the purpose of immediate reenlistment. He reenlisted on 2 September 1970. He was again honorably released from active duty on 14 July 1974 for the purpose of immediate reenlistment and issued a DD Form 214. He reenlisted on 15 July 1974 and served continuously on active duty until he was honorably discharged on 16 May 1977 for disability retirement.
3. Item 1 (Name (Last, First, Middle) of his DD Forms 214 ending on 14 July 1974 and 16 May 1977 show the last name he served under as BXXXX.
4. The military documents that are on file in his official military personnel file (OMPF) show that he served and was released from the Army under the last name shown on his DD Forms 214. There is no evidence in his service personnel records to show he legally changed his last name while he served in the Army.
5. He legally changed his last name on 17 August 1981.
6. In a letter, dated 27 March 2002, the NPRC advised him that they had no authority to review and approve amendments or corrections to military records. That was a function of the Review Boards of the military service departments.
7. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 was a synopsis of the Soldiers most recent period of continuous active duty. It provided 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 served in and was discharged in the name that is shown in the records and on his DD Forms 214 ending on 14 July 1974 and 16 May 1977. The last name change was effected subsequent to the 1970 and 1974 releases from active duty and 1977 discharge. Therefore, his military records and DD Forms 214 are correct as currently constituted and, as a result, there is no basis for granting him the requested relief.
2. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army's records, for historical purposes, the Army has an interest in maintaining the integrity 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.
3. 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 a reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the date of birth recorded on his separation document and to satisfy his desire to have his correct date of birth documented.
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.
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