IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017792
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 be changed from Snxxx to Scxxx on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 217A (Certificate of Service).
2. He states his name was changed after he served in the military.
3. He provides the following:
* Court Order for Change of Name, dated 2 November 1956
* DD Form 214
* Certificate of Service
* DD Form 1343 (Notification of Change in Service Member's Official Records), dated 30 November 1961
* Congressional correspondence
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 applicants military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 16 September 1954. He served 1 year, 11 months, and 14 days and was honorably released from active duty (REFRAD) on 29 August 1956.
4. His Certificate of Service and his DD Form 214 show his last name as Snitkof.
5. He provided a Court Order for Change of Name, dated 2 November 1956,
issued by the State of New York. The court order verifies his name was legally changed from Snxxx to Scxxx effective in December 1956. Additionally, the
DD Form 1343 he provided also shows that effective 12 December 1956 his name was changed from Snxxx to Scxxx on his official records.
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows at the time the applicant was separated from the Army on 29 August 1956, his last name was Snxxx. His name change did not occur until December 1956, three months after he was honorably REFRAD and issued his DD Form 214. As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of REFRAD. Therefore, his name as it was at the time he served in the military is correct as constituted on his DD Form 214 and DD Form 217A.
2. 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. While it is understandable that the applicant desires to have his name changed on his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. He is advised that a copy of this decision document along with his application and the supporting evidence he provided, which confirms his legal name change, will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to his name recorded in his military records.
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) AR20110017792
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ABCMR Record of Proceedings (cont) AR20110017792
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