IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110018608
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 last name as
"St. Dxxxd" instead of "Pxxxa."
2. The applicant states he legally changed his last name.
3. The applicant provides:
* his NGB Form 22 (Departments of the Army and Air Force National Guard Bureau Report of Separation and Record of Service) for the period ending 8 June 1967
* a Nevada District Court order changing his last name, dated 15 June 1978
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 Pennsylvania Army National Guard (PAARNG) for a period of 6 years on 27 May 1964 under the last name of "Pxxxa." On 21 February 1965, he was ordered to active duty for training (ADT). He completed training and he was awarded military occupational specialty 710 (General Clerk). The highest rank/grade he attained while serving on active duty was private (PV2)/E-2.
3. On 3 July 1965, the applicant was honorably released from ADT and he was returned to State control as a member of the PAARNG. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows in item 1 (Last Name First Name Middle Name) shows his last name as "Pxxxa."
4. All official documents contained in the applicant's official military personnel file (OMPF) shows his last name as "Pxxxa."
5. On 8 June 1967, he was honorably discharged from the PAARNG by reason of change of residence and he was reverted to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time shows in item 1 (Name (Last, first, middle initial)) his last name as "Pxxxa."
6. The applicant provides a Nevada court order, dated 15 June 1978, that legally changed his last name from "Pxxxa" to "St. Dxxxd."
7. 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 states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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. The applicant's request for correction of his DD Form 214 to show his last name as "St. Dxxxd" was carefully considered.
2. Court documents show he legally changed his last name from "Pxxxa" to
"St. Dxxxd" on 15 June 1978. However, this does not change the conditions and circumstances that existed at the time his service records were created.
3. 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 that those records be changed. While it is understandable the applicant desires to now record his correct 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.
4. The applicant is advised that a copy of this decisional document, which confirms his new last name, will be filed in his 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 correct last name documented in his OMPF.
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) AR20110018608
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018608
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140008282
His DD Form 214 with an effective date of 1 April 1971 shows his grade as CW2 with a DOR of 2 June 1970. He did not provide a DD Form 214 with his application. His NGB Form 22 with an effective date of 18 July 1979, DA Form 67-7, and his orders for discharge, dated 29 June 1982, identify him as a CW3.
ARMY | BCMR | CY2009 | 20090018991
The applicant requests, through his United States Senator: * That his name be "cleared of the slander and libel stating that I was AWOL [absent without leave]" * That his rank be adjusted to something higher, such as lieutenant colonel * That his student loans be repaid * That his retirement points be updated * That he receive a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his Reserve Army Nurse Corps service 2. The applicant enlisted in the Pennsylvania Army...
ARMY | BCMR | CY2008 | 20080008578
The applicant requests, in effect, that her separation document (DD Form 214) of 16 April 2008, be corrected to show her total active duty (AD) service. The OMPF does not include a DD Form 214 to document the applicants active duty service for the period 18 June - 24 October 2007. The evidence of record shows the applicant performed 5 months and 21 days of AD service upon completion of her ADT as indicated on her 19 April 2005 DD Form 214.
ARMY | BCMR | CY2009 | 20090020845
The regulation further specifies that the Chief, Office of Promotions, is the approval authority for all current year criteria requests for exception to non-statutory promotion requirements (i.e., civilian education), and that requests must contain complete justification and be received prior to the board convening date. The evidence of record shows the applicant was twice considered for promotion to CPT but he was not selected by reason of not being educationally qualified. As a result,...
ARMY | BCMR | CY2008 | 20080004924
He further states he entered active service on 12 October 1988 and was discharged from active duty on 20 February 2000. The applicant provides two DD Forms 214 for the periods ending 20 February 2000 and 27 May 1975; a letter from the Commonwealth of Pennsylvania, The Adjutant General of Pennsylvania, Department of Military and Veterans Affairs, Military Personnel Support Branch; his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 16...
ARMY | BCMR | CY2009 | 20090002710
The applicant requests, in effect, correction of Item 18a (Net Active Service This Period) and Item 18c (Total Active Service) of her DD Form 214 (Report of Separation from Active Duty). A DD Form 214 would also be prepared for all personnel of the USAR and the ARNG released after completion of 90 days or more of active duty for training or full-time training duty. However, even if this is the case, there is no error on the applicant's DD Form 214.
ARMY | BCMR | CY2011 | 20110011970
The applicant requests correction of his records to show he was discharged from the Pennsylvania Army National Guard (PAARNG) in the rank/grade of specialist four (SP4)/E-4 instead of private (PV2)/E-2. The regulation in effect at the time stated the NGB Form 22 would show the rank and grade at the time of separation. In the absence of official orders that conclusively show he was promoted to SP4/E-4 and held that rank/grade at the time of his discharge from the ARNG, there is insufficient...
ARMY | BCMR | CY2012 | 20120022440
The applicant requests correction of his records to show his gender as male. The applicant states his records "have me down as female and a male," the wrong sex is shown on his DD Form 214 (Report of Separation from Active Duty), and another DD Form 214 is mixed up with his. Item 54 (Sex and Code) of his DA Form 2 (Personnel Qualification Record Part I) prepared on 31 July 1983 shows his gender as male.
ARMY | BCMR | CY2014 | 20140018974
On 11 March 2009, the applicant enlisted in the PAARNG for training in MOS 15U and assignment to Company B, 628th Support Battalion. He agreed to quick-ship on 27 March 2009, attend off-peak AIT, train in MOS 15U, and serve with the 628th Support Battalion. He moved to another unit (HHC, 2nd Battalion, 112th Infantry) on 12 July 2010 and initially served/was promoted in MOS 11B and then he attended training for and was awarded MOS 68W.
ARMY | BCMR | CY2010 | 20100007543
His NGB Form 23, dated 21 October 2009, shows he completed 17 years, 2 months, and 8 days of qualifying service toward nonregular retirement that included the following: * 6 qualifying years from the date of his initial enlistment (25 July 1972) to the date of his first discharge (24 July 1978) * 11 qualifying years from the date of his second enlistment (23 August 1979) to the date he was placed in the ING (31 October 1979) * zero qualifying years from the date he was placed in the ING (1...