BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010342
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his new legal last name of Payxxx.
2. The applicant states, in effect, that he had his last name legally changed in New York on 2 May 1967 and he desires that change to be reflected on his DD Form 214 so his family will not encounter any difficulty in obtaining a military funeral.
3. The applicant provides a copy of his DD Form 214 and a copy of his legal name change documents.
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 in Buffalo, New York on
30 November 1956 for a period of 3 years under the last name of Pasxxx.
3. He completed his training and served his entire enlistment under the last name of Pasxxx. On 23 February 1960 he was honorably released from active duty (REFRAD) as an overseas returnee.
4. His DD Form 214 issued at the time of his REFRAD shows that his last name was Pasxxx and that he had served 3 years, 2 months, and 24 days of active service.
5. On 31 January 1963 he was honorably discharged from the U.S. Army Reserve under the last name of Pasxxx."
6. On 2 May 1967 he had his last name legally changed to Payxxx.
7. In 1968 he sent a request to the Reserve Component Personnel Administration Center (RCPAC) in St. Louis, Missouri requesting that his records be corrected to reflect his new last name and was informed that there was no authority to make such a change after REFRAD or discharge.
8. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his name shown in his military records should be changed from a last name of Pasxxx to a last name of Payxxx. However, the fact that the name shown in his military records is different than the name he currently uses does not necessarily constitute an error.
2. The evidence of record shows that the applicant enlisted, served, and was honorably REFRAD under last name of Pasxxx." There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.
3. 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 current last name 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 last name recorded in his military record and to satisfy his desire to have his current last name documented in his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110010342
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ABCMR Record of Proceedings (cont) AR20110010342
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