IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20110024684 


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 change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his real and legal last name.

2.  The applicant states:

* He would like his military records to show his legal last name of K---n
* His mother never married his father
* She married a man named M-------n and she gave him this man's last name
* He found out his real last name in 1986 when he saw his birth certificate

3.  The applicant provides:

* a North Dakota Department of Health Certification of Birth
* a Social Security card with his same Social Security Number (SSN)

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.  The applicant enlisted in the Regular Army on 16 August 1977 for a period of 3 years.  His enlistment document shows his last name as M-------n.  He was honorably released from active duty on 11 August 1980 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 26 days of creditable active service.

3.  His DD Form 214 shows his last name as M-------n.  This DD Form 214 shows a legible signature with the last name signed as M-------n.

4.  All other documents contained in the applicant's Official Military Personnel File (OMPF) show his last name as M-------n.

5.  He provides a copy of a Certification of Birth bearing the last name of K---n and a Social Security card with his same SSN that shows the same last name.

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.  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 service personnel record shows he served on active duty from 16 August 1977 through 11 August 1980.  During his entire period of service he served under the last name of M-------n.

2.  Although the Certification of Birth and Social Security card provided by the applicant show his last name as K---n, it appears he appropriately served in and released from active duty using the last name of M-------n.


3.  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.  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 correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document, which confirms his correct last name, 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 his correct 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)                                         AR20110024684



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ABCMR Record of Proceedings (cont)                                         AR20110024684



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