IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110020367
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 DD Form 214 (Report of Separation from Active Duty) to show his legal name.
2. He states his birth certificate shows his last name as F____.
3. He provides a copy of his birth certificate.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DA Form 3284-R (Applicant's Statement of Name Change), dated 2 October 1974, shows he preferred to use the last name of A____ instead of the last name of F____ as recorded on his birth certificate. This form was witnessed by both his mother and father.
3. The applicant's military records show he enlisted in the Regular Army on 7 October 1974 for 4 years. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted under the last name of A____. His DD Form 398 (Statement of Personal History) indicated his father's and mother's last name as A____. He signed all documents in his Army records using the last name of A____.
4. He was discharged under honorable conditions on 4 November 1975. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his last name as A____.
5. The military documents on file in his official military personnel file show he served in and was released from the Army under the last name shown on his DD Form 214. There is no evidence in his service personnel records to show he legally changed his last name while he served in the Army.
6. He provides a copy of a State of California Certificate of Live Birth issued on 21 January 1992 and certified to be a true copy of the original certificate filed. This document identifies a male registrant with the same first and middle names as the applicant's and with the last name of F____.
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states 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 evidence of record shows the applicant served under and was discharged under the last name as shown in his records and on his DD Form 214. It appears he began using the last name of F____ after his discharge. Therefore, his military records and DD Form 214 are correct as currently constituted and there is no basis for granting him the requested relief.
2. While his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document will be filed in records. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his records and on his separation document and to satisfy his desire to have his current last name documented.
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 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) AR20110020367
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ABCMR Record of Proceedings (cont) AR20110020367
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