IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110022546
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 the Armed Forces of the United States) to show the spelling of his last name as "_AIE__" instead of "_AI__."
2. The applicant states he has been trying to resolve this issue for some time. He does not want his spouse to have any problems should anything happen to him.
3. The applicant provides his DD Form 214.
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. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army for 2 years on 20 September 1948 in Brooklyn, NY. A copy of his enlistment contract which would have shown the spelling of his last name upon his enlistment is not available for review with this case.
4. His DD Form 214 shows he was honorably released from active duty on 19 September 1951. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his last name spelled as "_AI__." He authenticated this form by placing his signature in appropriate block using what appears to be this spelling.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment record is not available for review with this case. It is unclear what spelling of his last name he used upon his enlistment. However, his reconstructed record contains a copy of a DD Form 214 that shows his last name as "_AI__" (the contested spelling). He signed this form using what appears to be this spelling.
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, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his last name correctly in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. There is no evidence that suggests the applicant would suffer any injury or injustice as a result of the Army maintaining its records with the spelling of his last name under which he served. Nevertheless, a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion regarding the difference in the spelling of his last name as recorded in his military record and to satisfy his desire to have the preferred spelling of his last name documented in his OMPF.
4. Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed the applicant's military service records, including the DD Form 214, were correct at the time they were prepared and there is insufficient evidence to grant him relief in this case.
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) AR20110022546
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ABCMR Record of Proceedings (cont) AR20110022546
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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