IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110020994
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 the last name shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to read as J _ _ _ _.
2. The applicant states the last name shown on his DD Form 214 is wrong.
3. The applicant provides copies of his:
* DD Form 214, ending on 4 November 1980
* Minnesota Driver's License issued in July 2008
* Department of Veterans Affairs (VA) Form 26-8261 (Certificate of Veteran Status); and his birth certificate, dated 27 September 1990
* Birth Certificate, State of Minnesota, issued on 11 December 2011
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. On 2 March 1979, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Document) shows his last name as S _ _ _ _. A review of his military records shows he used this last name during his entire period of active duty service. He signed the following forms on the dates indicated using this same last name:
* DA Form 428 (Application for Identification Card), 6 March 1979
* DA Form 2-1(Personnel Qualification Record - Part II), 6 May 1980
* DD Form 214 ending on 4 November 1980
3. The birth certificate provided by the applicant states that any amendments made to this record prior to 11 March 2001 are not noted on the certified copy. The document shows his last name as he now wants it to read on his DD Form 214.
4. The VA Form 26-8261 provided by the applicant indicates that the applicant is eligible as a veteran for benefits under the National Housing Act. This form has a copy of his Department of Defense/Uniformed Services identification card showing he is a disabled American veteran with the last name he now wants entered on his DD Form 214.
5. The Minnesota Driver's License provided by the applicant shows the last name as he now wants entered on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his last name on his DD Form 214 should be corrected to read as J _ _ _ _ because the last name currently shown on this form is wrong.
2. The evidence of record clearly shows the applicant entered, served, and was separated under the last name currently shown on his DD Form 214. Furthermore, the applicant signed his name in the same manner.
3. There is no available evidence showing when, or under what circumstances, the applicant changed his last name. Furthermore, he has not shown what, if any, harm has been or will be done to him by not changing his last name on the DD Form 214.
4. 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.
5. The applicant is advised that a copy of this decisional document, along with his application will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to his last name as shown in his military records and to satisfy his desire to have his name correctly documented in his record.
6. In view of the above, the applicant's request should be denied.
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) AR20110020994
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ABCMR Record of Proceedings (cont) AR20110020994
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