IN THE CASE OF:
BOARD DATE: 28 June 2012
DOCKET NUMBER: AR20120001622
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 records to show his last name as "B__L" instead of "S_____S."
2. He states his legal name as depicted on his birth certificate is "B__L." He further states it is confusing to have two different names; therefore, he would like to have the name shown on his birth certificate listed on all of his military and Department of Veterans Affairs (VA) records.
3. He provides:
* DD Form 214 (Report of Separation from Active Duty)
* VA Identification Card
* Maryland State Identification Card
* District of Columbia, Department of Health, Certificate of Birth
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 record shows he enlisted in the Virginia Army National Guard on 15 August 1977. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his last name as "S_____S."
3. A thorough review of every document contained in his available military personnel records, many of which bear his signature, shows his last name consistently appears as "S_____S."
4. Item 1 (Last Name - First Name - Middle Name) of his National Guard Bureau (NGB) Form 22 for the period ending 2 December 1978 shows his last name as "S_____S."
5. Item 1 (Last Name - First Name - Middle Name) of his DD Forms 214 for the periods ending 23 March 1978 and 22 February 1980 show his last name as "S_____S."
6. He provides a VA Identification Card, Maryland State Identification Card, and
District of Columbia Certificate of Birth which all show his last name as "B__L."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service, or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service. It provided 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 contention that his military records and DD Form 214 should be changed to show his last name as "B__L" was carefully considered.
2. The evidence of record shows his last name consistently appeared as "S_____S" on every document in his available service personnel records throughout his period of service. He authenticated several of these documents by placing his signature in the appropriate blocks.
3. 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.
4. The fact that his legal last name is "B__L" is duly noted. However, this does not change the conditions and circumstances that existed at the time his service records were created.
5. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions that may arise regarding the name recorded in the applicant's military records and satisfy his desire to have the requested 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) AR20120001622
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ABCMR Record of Proceedings (cont) AR20120001622
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