IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110015684
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his current surname.
2. The applicant states he had a legal name change after his discharge from the Army and would like to receive a DD Form 214 with his new name.
3. The applicant provides legal name change documents in support of his 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 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 complete military record is not available for Board review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained by NPRC which include the applicant's DD Form 214 and various miscellaneous documents.
3. The applicant's DD Form 214 shows he entered, served, and was released from active duty under the name he had changed subsequent to separation. It further shows he served on active duty for 2 years and 1 day from 8 June 1951 through 8 June 1953 at which time he was honorably released from active duty in the rank of sergeant.
4. The applicant provides court documents confirming he had his surname legally changed on 17 February 1958.
5. Army regulatory policy at the time the applicant served as well as currently requires the name under which the applicant entered and served his military service to be entered in item 1 (Last Name First Name Middle Name) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his 8 June 1953 DD Form 214 be corrected to reflect the current surname which was changed on 17 February 1958 and under which he now goes has been carefully considered. However, as he admits, it is clear that his active duty service was performed under the surname he now wishes to be corrected and his name change took place after his separation from military service.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the surname listed in the applicant's military records should not be changed at this time.
3. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the surname by which he performed his military service and was separated vice the surname he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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 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) AR20110015684
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ABCMR Record of Proceedings (cont) AR20110015684
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