IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110016857
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 his last name on his DD Form 214 (Certificate of Releaser or Discharge from Active Duty) for the period ending 5 May 1980 be changed.
2. The applicant states, in effect:
* His last name is Pxxx not Bxxx
* He was drafted into the Army in 1966 under the last name Pxxx
* After a break in service he reenlisted using his birth certificate which had the last name Bxxx
3. The applicant provides his DD Form 214 for the period ending 5 May 1980.
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 was inducted into the Army of the United States on 8 November 1966. His induction record shows the last name Pxxx. On 27 August 1968, he was honorably discharged for enlistment in the Regular Army (RA).
3. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 August 1968 shows the last name Pxxx.
4. He enlisted in the RA on 28 August 1968 for a period of 6 years. His enlistment contract shows the last name Pxxx. On 23 November 1970, he was dishonorably discharged.
5. Item 1 of his DD Form 214 for the period ending 23 November 1970 shows the last name Pxxx.
6. He enlisted in the RA on 5 January 1979 for a period of 4 years. His enlistment contract shows the last name Pxxx. On 13 February 1979, he was discharged for misconduct (fraudulent entry).
7. Item 1 of his DD Form 214 (Report of Separation from Active Duty) for the period ending 13 February 1979 shows the last name Pxxx.
8. He enlisted in the RA on 25 February 1980 for a period of 3 years. His enlistment contract shows the last name Bxxx and he had no prior service. On
5 May 1980, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-7c(2) for failing to meet procurement medical fitness standards.
9. Item 1 (Name) of his DD Form 214 for the period ending 5 May 1980 shows the last name Bxxx.
10. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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.
2. His service personnel records from 1966 to 1979 show he served under the last name Pxxx.
3. In February 1980, he reenlisted under the last name Bxxx and was discharged under this name two months later. It appears he appropriately served on and he was separated from active duty under the last name Bxxx. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicants DD Form 214 for the period ending 5 May 1980.
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) AR20110016857
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016857
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