IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017822
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 military records to show his last name spelled as Th-----er-- instead of Th-----u--.
2. He states the spelling of Th-----u-- is an administrative error.
3. He provides photocopies of an interim/extension Indiana operator card, Certified Record of Birth, and a social security card.
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 on 23 April 1968.
3. His DD Form 4 (Enlistment Contract), DA Form 20 (Enlisted Qualification Record), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and the other documents throughout his military records show his last name spelled as Th-----u--.
4. He was honorably released from active duty on 7 November 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. He completed a total of 2 years, 6 months, and 15 days of creditable active service.
5. The Certified Record of Birth, social security card, and interim/extension Indiana operator card provided by the applicant show his last name spelled as Th-----er--.
DISCUSSION AND CONCLUSIONS:
1. While he provides a Certified Record of Birth, social security card, and interim/extension Indiana operator card that show his name as Th-----er--, he enlisted, served, and was honorably released from the military under the last name shown in his military records. There is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibits a material error or injustice. Therefore, the documents he now provides are not sufficiently mitigating to warrant changing his military records.
2. 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 those records be changed. While it is understandable the applicant desires to now record his 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.
3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, 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 last name documented in his OMPF as that shown on the Certified Record of Birth he provided.
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) AR20110017822
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ABCMR Record of Proceedings (cont) AR20110017822
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