IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023733 


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 last name as "Txxxxy" instead of "Dxxm."

2.  The applicant states the last name "Txxxxy" was his birth name while "Dxxm" was his adopted name.  In any case, he later changed his last name back to "Txxxxy." 

3.  The applicant provides his DD Form 214 and a name change court order. 

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.  In connection with his enlistment in Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History).  He listed his last name as "Dxxm" and he authenticated this form by placing his signature in the appropriate place using the last name "Dxxm." 

3.  He enlisted in the RA on 29 May 1974.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) also shows his last name as "Dxxm.”

4.  His DA Form 2-1 (Personnel Qualification Record) that was created upon his entrance into the Army shows the same last name as that shown on his enlistment document.  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block using this last name.

5.  His records contain several official personnel documents including a Record of Emergency Data, Servicemen's Group Life Insurance, an application for a military identification card, assignment and reassignment orders, and various medical records that show his first name as "Dxxm."  He authenticated several of these forms, as required, using this name.

6.  He was honorably released from active duty on 19 May 1976.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his last name as "Dxxm."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this last name.

7.  He provided a court order, dated after his release from active duty, authorizing him a name change from "Dxxm" to "Txxxxy." 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon enlistment in the Army, the applicant listed his last name as "Dxxm."  This last name is consistent with the last name that he used throughout his period of military service.  He authenticated some of the documents in his record indicating that his name was correct.  He did not use the last name of "Txxxxy" during his period of military service.

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.  

3.  In the absence of a showing of material error or injustice, there is a reluctance 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.

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)                                         AR20110023733



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ABCMR Record of Proceedings (cont)                                         AR20110023733



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