BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019465
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 that the spelling of his last name be changed from "M_____" to "Mc______" on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he recently legally changed his name.
3. The applicant provides:
* DD Form 214
* Driver's License
* Letter from the State of New York, Department of Health
* Social Security Card
* Interim Driver's License
* Certificate of Birth
* New York State Driver's License
* Petition for Name Change
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 24 February 2005. The DD Form 4 (Enlistment/Reenlistment Document) shows the spelling of his last as "M_____." On 24 February 2005, the applicant authenticated this document by signing his name as it is listed on the document confirming the information contained therein was correct at the time. Additionally, all other documents available reflect the applicant's name as it is shown on this document.
3. The applicant was honorably released from active duty on 18 July 2008. The applicant's DD Form 214 reflects the name under which he enlisted. He did not use the last of Mc______ during his period of service.
4. The applicant's name was legally changed on 22 July 2008.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate. This regulation has historically stated that item 1 (Name) on the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 4, DD Form 214, and all other available service documents reflect the spelling of his last name as M_____."
2. The fact that he legally changed his last name on 22 July 2008 after he was discharged is duly noted. However, this does not change the conditions and circumstances that existed at the time that he served.
3. The Army has an interest in maintaining the integrity of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable the applicant desires to now record the name in the military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions that may arise regarding the last name that is recorded in his OMPF and to satisfy the desire to have the requested 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.
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