IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110022635
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name spelled as "Thigxxx."
2. The applicant states his last name is spelled incorrectly as "Figxxx."
3. The applicant provides:
* Birth Certificate
* 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 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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available military records show he was inducted into the Army of the United States on 5 June 1956.
4. Special Orders Number 84 were issued by Headquarters, U.S. Army Personnel Center, on 3 June 1958, releasing him from active duty with an effective date of 4 June 1958. The orders show his last name spelled as "Figxxx."
5. He was honorably released from active duty on 4 June 1958 and he was transferred to the U.S. Army Reserve.
6. Item 1 (Last Name First Name Middle Name) of his DD Form 214 show his last name spelled as "Figxxx."
7. He provides a copy of a Mississippi State Department of Health Vital Records Standard Certificate of Birth issued on 26 April 1999 and certified to be a true copy of the original certificate filed. This document identifies a male registrant with the same first as the applicant's and with the last name of "Thigxxx."
8. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 spelling of his last name as "Figxxx" after his discharge. Therefore, his available 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. He is advised that a copy of this decisional document will be filed in his service records. This should serve to clarify any questions or confusion in regard to the difference in the spelling of 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 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) AR20110022635
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ABCMR Record of Proceedings (cont) AR20110022635
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