IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120021600
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 as "O____."
2. The applicant states he entered the service under his stepfather's last name. His mother had to sign documentation stating he had used the last name "S____" since he was 9 years old. After he was discharged, he had to change his last name back to "O____" because that was his legal name. His stepfather never adopted him. His DD Form 214 should reflect his legal name.
3. The applicant provides his DD Form 214, birth certificate, driver's license, and social security card.
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's records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 November 1980. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 22 November 1980, listed his last name as "S____." He authenticated this form by signing his name in the appropriate block using this last name. He was discharged from the DEP on 28 December 1980 for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 29 December 1980 under the last name "S____." He authenticated this same form by signing his name in the appropriate block using the last name "S____" on that date.
3. The DA Form 2-1 (Personnel Qualification Record Part II) that was created at the time he entered active duty shows his last name as "S____." He authenticated this form on 5 January 1980 by placing his signature in the appropriate block using this last name. He reviewed this form on 6 June 1983.
4. His record contains numerous personnel, finance, medical, and legal documents that all show his last name as "S____."
5. He was honorably released from active duty on 11 December 1984 and he was transferred to the 871st Engineer Battalion, USAR, Austin, TX. He completed 3 years, 11 months, and 13 days of creditable active service.
6. Item 1 (Name) of his DD Form 214 shows his last name as "S____."
7. The applicant provides a State of California Certificate of Birth, dated 19 October 1962, that shows his last name as "O____." He also provides a driver's license and social security card that show his last name as "O____."
8. 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 preparation of the DD Form 214 and 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 evidence of record shows the applicant recorded his last name as "S____" upon his enlistment in the USAR DEP on 22 November 1980 and in the RA on 29 December 1980. This is the last name he used throughout his active duty service. He authenticated many documents by placing his signature in the appropriate block indicating this name was correct. He did not use the last name he now claims is his legal name during his entire period of military service.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's last name in this case. However, a copy of this Record of Proceedings will be filed in his military records to explain the difference between his current last name and the last name he used during his military service.
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) AR20120021600
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