IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010296
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his new legal name change and his assignment with the 75th Ranger Regiment in Vietnam.
2. The applicant states, in effect, that he had his legal name changed on
22 August 1994 and he desires his DD Form 214 to be corrected to reflect his new name. He continues by also stating that he desires his DD Form 214 to reflect his assignment with Company P, 75th Ranger Regiment in Vietnam.
3. The applicant provides a copy of his DD Form 214 and DD Form 215.
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 Regular Army on 12 September 1967 for a period of 3 years. He completed basic training at Fort Leonard Wood, Missouri, advanced individual training as a medical corpsman at Fort Sam Houston, and airborne training at Fort Benning, Georgia before being assigned to Fort Bragg, North Carolina on 6 March 1968.
3. On 30 January 1969, he was honorably discharged for the purpose of immediate reenlistment. He had served 1 year, 4 months and 19 days of active service. On 31 January 1969, he reenlisted for a period of 3 years and assignment to Vietnam.
4. On 23 April 1969, he was transferred to Vietnam and initially assigned to Company B, 75th Support Battalion. On 14 May 1969, he was assigned to the 1st Infantry Brigade, 5th Infantry Division and on 23 June 1969 he was assigned to Company P, 75th Ranger Regiment. On 3 November 1969, he was assigned to the 1st Battalion, 11th Infantry Regiment, 5th Infantry Division. He was medically evacuated to Japan on 1 December 1969.
5. He was assigned to the Special Processing Detachment, Fort Sheridan, Illinois when he was discharged on 31 July 1970 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. His DD Form 214 reflects his last duty assignment as the Special Processing Detachment, Fort Sheridan, Illinois.
6. On 10 February 1975, the applicant had his legal name changed in Kansas City, Missouri. He again had his legal name changed in Dade County, Florida on 22 August 1994.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. The regulation in effect at the time provided that only the last duty assignment and major command would be entered in block 12 of the DD Form 214. It also provides that only information contained in official records that was current and in effect at the time of separation would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the name listed on his DD Form 214.
2. The regulation in effect at the time provided that only the last unit of assignment would be entered on the DD Form 214 and it is correctly reflected on his DD Form 214. The applicant served in at least two different units after serving in the Ranger Regiment and there are no provisions for entering that unit on his DD Form 214. Accordingly, there is no basis to grant his request.
3. 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. While it is understandable the applicant desires to have his current name listed in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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 or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his legal name documented in his OMPF. 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) AR20110010296
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010296
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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