IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013776
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 records to show his name as Rxxxxxx Axxxxx instead of Rxxxxxx Txxxxx.
2. He states be believed his name was Rxxxxxx Txxxxx when he enlisted and used this name during his military service. He states he later discovered his birth certificate showed his name as Rxxxxxx Axxxxx.
3. He provides no additional documentary evidence in support of this application.
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. On 29 June 1974, the applicant enlisted in the Regular Army under the name Rxxxxxx Exxxxx Txxxxx. His enlistment contract authenticated in his own hand shows his name as Rxxxxxx Exxxxx Txxxxx.
3. His DD Form 214 authenticated in his own hand shows his name as
Rxxxxxx Exxxxx Txxxxx. He completed a total of 3 years and 2 days of creditable active military service. Throughout his official military record it shows his name as Rxxxxxx Exxxxx Txxxxx.
4. The applicant provides no evidence his name is Rxxxxxx Axxxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his military records be corrected to show he served his term of service under the name of Rxxxxxx Axxxxx.
2. His records show he was enlisted and served under the name of Rxxxxxx Exxxxx Txxxxx.
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 applicant provides no evidence his name is now or was Rxxxxxx Axxxxx at the time he served in and was discharged from the Army. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Even if he had provided a birth certificate at this late date of more than 30 years after he was released from active duty, it would not be sufficiently mitigating to warrant changing his military records, to include his DD Form 214.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110013776
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ABCMR Record of Proceedings (cont) AR20110013776
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