IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110008000 


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 military records to show his last name as "M____n."

2.  He states he legally changed his name on 10 January 1963.  He acknowledges the fact that his dates of service preceded his legal name change.
He also states that he is currently receiving benefits for a service-connected disability.  He would like his military records to show his current legal name because it sometimes causes confusion when filling out forms when he is also required to present his discharge papers and numerous supporting pages of documents.

3.  He provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* DD Form 256A (Honorable Discharge Certificate)
* Court Order
* VA Form 9-587 (Veterans Administration (VA) - Change of Name - Government Life Insurance)

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 record shows he was inducted into the Army of the United States on 15 February 1954.  He was released from active duty on 27 January 1956 and transferred to the U.S. Army Reserve with an honorable characterization of service.

3.  A thorough review of every document contained in his available military personnel records, many of which bear his signature, shows that his last name consistently appears as "M____sen."

4.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his last name as "M____sen."

5.  His discharge certificate also shows his last name as "M____sen."

6.  He provides a Court Order rendered by the Civil Court of the City of New York County of Kings which shows his last name was legally changed from "M____sen" to "M____n" on 17 December 1962.

7.  He also provides an undated VA Form 9-587 which shows the VA changed his name from "M____sen" to "M____n" on his Government Life Insurance records.

8.  Army Regulation 635-5 (Separation 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 established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 was a synopsis of the Soldier's 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's contention that his military records and his DD Form 214 should be corrected to change his last name from "M____sen" to "M____n" was carefully considered.

2.  The evidence of record shows his last name consistently appeared as "M____sen" on every document in his available service personnel records throughout his period of service.  He authenticated several of these documents by placing his signature in the appropriate blocks.

3.  Evidence clearly shows he did not legally change his name until nearly 7 years after his separation.

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

5.  The fact that he legally changed his last name to "M____n" on 17 December 1962 is duly noted.  However, this does not change the conditions and circumstances that existed at the time his service records were created.

6.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions that may arise regarding the different name recorded in the applicant's military records and to satisfy the desire to have the current name documented in the OMPF.

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)                                         AR20110008000





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008000



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1