IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120001650 


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 his current legal last name as "Sh----n" instead of "Jo----n."

2.  The applicant states:

* he legally had his last name changed to "Sh----n" after his father
* he provided the Army with a copy of the name change
* his Department of Veterans Affairs (VA) Identification Card proves he had his name legally changed

3.  The applicant provides:

* DD Form 214
* VA Identification 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 was inducted in the Army of the United States on 19 June 1962 with the last name of "Jo----n."  He completed training and he was awarded military occupational specialty 351 (Power General Specialist).  

3.  The applicant's DD Form 47 (Record of Induction) and Acknowledgment of Service Obligation shows his last name as "Jo----n."

4.  All other official documents contained in the applicant's official military personnel file (OMPF) shows his last name as "Jo----n."  These documents include:

* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data), dated 4 February 1964
* DA Form 24 (Service Record), for the period 19 June 1962 to 45 June 1964
* DA Form 1407 (Dependent Medical Care and DD Form 1173 Statement), dated 5 June 1964
* DA Form 1058 (Application for Active Duty for Training), dated
28 December 1964
* Special Order Number 155, issued by the U.S. Army Personnel Center, Fort Hamilton, dated 3 June 1964
* U.S. Army Administration Center (USAAC) Form 172 (Option to Transfer to Standby Reserve or Extend Ready Reserve Obligation), dated 5 April 1967

5.  On 5 June 1964, the applicant was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 17 days of credible active service.  The
DD Form 214 he was issued at the time shows his last name as "Jo----n."

6.  Review of the applicant's service personnel record failed to reveal any court order and he did not provide any evidence that shows his name was legally changed during or after his period of service.


7.  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 states that 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 request for correction of his DD Form 214 to show his last name as "Sh----n" was carefully considered.

2.  Although the applicant provided a VA Identification Card showing his last name as "Sh----n," this does not change the conditions and circumstances that existed at the time his service records were created.  There is no evidence he legally changed his name during or after his active duty service.

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 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 last 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)                                         AR20120001650



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ABCMR Record of Proceedings (cont)                                         AR20120001650



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