IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008325
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, correction of his last name in his military records and DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, his last name is incorrect on his records. His records show "Rxxxxxxs" when his last name does not have an "s."
3. The applicant provides copies of his birth certificate and DD Form 214 for the period ending 7 February 1977.
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 records shows he was inducted in the Army on 18 January 1969. His DD Form 47 (Record of Induction) shows his name as Rxxxxxxs.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 August 1971 shows his last name as "Rxxxxxxs."
4. The applicant enlisted in the Regular Army on 13 February 1974. His enlistment contract shows his last name as Rxxxxxxs.
5. His DD Form 214 for the period ending 7 February 1977 shows his last name as "Rxxxxxxs."
6. A thorough review of documents contained in his military personnel records, many of which bear his signature, shows that his last name consistently appears as "Rxxxxxxs."
7. He provides a Certification of Vital Record issued by the State of Texas which shows his last name as "Rxxxxxx".
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's name and social security number with the social security number of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his last name in his records and on his DD Form 214 was carefully considered and determined to lack merit.
2. The evidence of record shows his last name consistently appeared as "Rxxxxxxs" on every document in his personnel records throughout both periods of his service. He authenticated several of these documents by placing his signature in the appropriate blocks.
3. 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.
4. The fact that his Certificate of Birth shows his last name as "Rxxxxxx" is duly noted. However, this does not change the conditions and circumstances that existed at the time his service records were created.
5. The applicant is advised that a copy of this decisional document which confirms his correct name 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 his name in his military records and to satisfy his desire to have his correct name documented in his 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) AR20110008325
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ABCMR Record of Proceedings (cont) AR20110008325
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