IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023547
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 as
M _ _ _ instead of W _ _ _.
2. The applicant states he was adopted but not legally adopted. He contends that his birth certificate shows his correct last name.
3. The applicant provides a DD Form 214 for the period ending 10 March 1970 and 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 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 Official Military Personnel File (OMPF) contains a U.S. Army Recruiting Command (USAREC) Form 131-R (Applicant's Statement of Name Change), dated 25 November 1968, which indicates the last name shown on his birth certificate is M _ _ _. However, he indicated the following: "I hereby state that I have not changed my name through any court procedure; and, that I prefer to use the name, W _ _ _, as a matter of convenience and with no intent to defraud. I further state that I am the same person whose name appears on the above-mentioned birth certificate."
3. He enlisted in the Regular Army on 29 November 1968. His enlistment contract shows W _ _ _ as his last name.
4. On 28 September 1969, he was discharged for the purpose of immediate reenlistment. He was issued a DD Form 214 that shows W _ _ _ as his last name. On the following day, he reenlisted for 6 years. His reenlistment contract shows W _ _ _ as his last name.
5. He was discharged on 10 March 1970. His discharge orders and DD Form 214 for this period of service show W _ _ _ as his last name.
6. There is no evidence in his OMPF showing he served under the last name of M _ _ _.
7. He provides a copy of his birth certificate which confirms that the last name shown on his birth certificate is M _ _ _.
8. 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 establishes standardized policy for the preparation of the DD Form 214. 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 applicant's contention that his DD Form 214 should be corrected to show a different last name has been carefully considered.
2. The available evidence shows he told U.S. Army recruiting personnel that he preferred to use the last name of W _ _ _ as a matter of convenience. Accordingly, he enlisted under this last name.
3. The evidence further shows he served under the last name of W_ _ _ throughout his entire period of service. There is no evidence showing he ever used the name of M _ _ _.
4. 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. While his desire to now record the requested last name in his military records is understandable there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
5. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have the requested last name documented in his OMPF.
6. In view of the above, his 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) AR20110023547
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ABCMR Record of Proceedings (cont) AR20110023547
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