BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120007434
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 name as R_ _ _ _ H. W _ _ _ _ instead of H _ _ _ _ R. W _ _ _ _.
2. The applicant states his name was entered incorrectly on his DD Form 214.
3. The applicant provides a DD Form 214 and a copy of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limit
2. The applicant was inducted into the Army on 14 May 1963.
3. His DD Form 47 (Record of Induction) and DD Form 398 (Statement of Personnel History) show his name as H _ _ _ _ R. W _ _ _ _, the name he claims is incorrect.
4. A review of his military records reveals that all documents in his entire military records show the name he claims is incorrect.
5. He was released from active duty on 19 February 1965. His DD Form 214 shows his name as the name he claims is incorrect.
6. There is no evidence in his military records showing he served under the name he now claims is correct.
7. He provides a copy of his birth certificate that shows the name he now claims is correct.
8. Army Regulation 635-5 (Separations 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 contention that his DD Form 214 should be corrected to show a different name has been carefully considered.
2. The evidence shows he served under the name H _ _ _ _ R. W _ _ _ throughout his entire period of military service. There is no evidence showing he ever recorded his name as R_ _ _ _ H. W _ _ _ _ during his military service.
3. 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 his desire to now record his correct name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have the requested name documented in his military records.
5. In view of the above, there is no basis to grant the requested relief.
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) AR20120007434
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ABCMR Record of Proceedings (cont) AR20120007434
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