IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024817
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 the spelling of his last name as "De Wxxx" instead of "De Wxxxe" (without the letter "e" at the end).
2. The applicant states the Army did not correct the spelling of his last name in the records while he was in the service despite his several requests.
3. The applicant provides:
* DD Form 214
* social security card
* 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 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 induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his last name as "De Wxxxe." He authenticated this form by placing his signature in the appropriate block using this spelling.
3. He was inducted into the AUS on 12 July 1966. His DD Form 47 (Record of Induction) listed his last name as "De Wxxxe."
4. The DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his last name as "De Wxxxe." He reviewed this form and authenticated it with his signature indicating the information listed was correct.
5. His record contains several personnel, legal, and medical documents that show his last name as "De Wxxxe." He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his last name. These documents include:
* DA Form 41 (Record of Emergency Data)
* Armed Forces Fingerprint Card
* various assignment orders
* DA Form 428 (Application for Identification Card)
* Standard form 88 (Report of Medical Examination)
6. He was honorably released from active duty on 11 July 1968. Item 1 (Last Name First Name Middle Name) of his DD Form 214 listed his last name as "De Wxxxe." He authenticated this form by placing his signature in the appropriate block using the last name "De Wxxxe."
7. He provides a birth certificate and a social security card that show his last name as "De Wxxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant used the last name "De Wxxxe" upon his induction into the AUS. This spelling of his last name is consistent with the last name on all official military records throughout his military service. He authenticated several forms that contain this spelling. He did not use the spelling of his last name that he currently uses during his military service.
2. 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 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.
3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including his DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his last name at this late date.
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) AR20110024817
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024817
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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