IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110023760
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 military personnel service records to show his last name as Sc*** instead of Ca***.
2. The applicant states that he served in the military under his stepfathers last name of Ca***. The applicant further states that his military service records should be changed to show his last name that is shown his birth certificate as Sc***.
3. The applicant provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 September 1983
* a State of Georgia Identification (ID) Card issued 28 May 2004
* a Georgia Department of Health (GADH) Public Delayed Certificate Birth, dated 27 March 2007
* a Social Security Card (SSC)
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 enlisted in the Regular Army on 3 August 1981.
3. All documents in his available military personnel service and medical records show his last name as Ca***.
4. On 14 September 1983, he was relieved from active duty. His DD Form 214 shows his last name as Ca***. He also signed this document using the last name of " Ca***."
5. The applicant provided a GADH Public Delayed Certificate Birth, an SSC and a State of Georgia ID that shows his last name as Sc***.
6. Army Regulation 635-5 (Separation 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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 provided a GADH Public Delayed Certificate Birth, an SSC and a State of Georgia ID that shows his last name as Sc***; however, these documents are insufficient to change his name on his service personnel records. He has not shown that the Army's records are in error as all official documents contained in his available service personnel and medical records show he was recognized by and served under the last name of Ca***.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his last name as SC*** in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms the name he now uses will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current last name documented in his OMPF.
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) AR20110023760
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ABCMR Record of Proceedings (cont) AR20110023760
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