BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110023740
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 (Certificate of Release or Discharge from Active Duty) to show his last name spelled with an additional letter "e" as the fourth character as shown on his birth certificate.
2. The applicant states, in effect, his last name should be spelled with an additional letter "e" in the middle. He contends that the correct spelling of his family name would make his military record accurate.
3. The applicant provides a copy of his birth certificate issued in 1976.
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. A review of the applicant's military records reveals:
a. he served in the Regular Army from 1967 to 1970 and again from 1977 to his retirement on 31 December 1993;
b. he attained the rank of sergeant first class/pay grade E-7 and completed 20 years of active duty service; and
c. without exception, every document in his military records shows the same spelling of his last name without the additional letter "e."
3. The applicant provides a copy of his certificate of live birth issued on 15 September 1976 showing his last name is spelled with an additional letter "e" as the fourth character.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the spelling of his last name with an additional letter "e" in order to make his records accurate.
2. The applicant served in the Regular Army under the spelling of the last name currently recorded in his military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change to that name for personal reasons is not a sufficiently mitigating factor that warrants granting relief.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the spelling of his current last name and the one recorded in his military record and satisfy his desire to have this name documented in his record.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110023740
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