IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110007936
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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his last name as McKay.
2. The applicant states that he served under the last name of Mi--ie--cz; however, in 1974 he had his last name changed to McKay and he desires to have his DD Form 214 corrected to prove his service and for his family records.
3. The applicant provides a copy of his legal name change and 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 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 enlisted in the United States Army Reserve (USAR) on 21 May 1958 for a period of 6 years under the last name of Mi--ie--cz.
3. He was ordered to active duty for training (ACDUTRA) for 6 months on 20 September 1958 and was transferred to Fort Dix, New Jersey where he underwent his basic training and his advanced individual training as a cook.
4. On 19 March 1959 he was honorably released from ACDUTRA and was returned to his USAR unit. He had served 6 months of ACDUTRA and his DD Form 214 reflects his last name as Mi--ie--cz.
5. He continued to serve in the USAR until he was honorably discharged on 31 May 1964 under the last name of Mi--ie--cz.
6. On 24 September 1974 the applicant had a legal name change approved which changed his last name to McKay.
7. Army Regulation 635-5 serves as the authority for the preparation of separation documents and that regulation provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form.
DISCUSSION AND CONCLUSIONS:
1. The applicant served his entire military service under the last name of Mi--ie--cz. He was honorably released from ACDUTRA on 19 March 1959 and was honorably discharged from the USAR on 31 May 1964. He subsequently was granted a valid court order on 24 September 1974, changing his last name to McKay.
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 new name in his military records, there is not a 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 along with his application will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his changed name documented in his OMPF.
4. Accordingly, there is no basis for granting the applicants requested relief.
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) AR20110007936
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ABCMR Record of Proceedings (cont) AR20110007936
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