IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120011084
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 last name as "R____ A____" in lieu of "R____-C____."
2. The applicant states he recently requested a copy of his birth certificate and that is when he noticed the error.
3. The applicant provides his DD Form 214 and 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 was inducted into the Army of the United States on 14 July 1967. His Army Military Human Resource Record (AMHRR) contains the following documents:
* DD Form 47 (Record of Induction)
* DD Form 398 (Statement of Personal History)
* DD Form 1584 (National Agency Check Request), dated 26 July 1967
* DA Form 20 (Enlisted Qualification Record)
* various orders
3. The above documents and all other documents contained in his AMHRR show his last name as "R____-C____."
4. He completed 2 years of active duty service and was honorably released from active duty on 13 July 1969. His DD Form 214 shows his last name as
"R____-C____."
5. He provided a copy of his birth certificate that shows his last name as "R____ A____."
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military record shows he served in the Army under the last name of "R____-C____." These documents include his Record of Induction, Statement of Personal History, Request for National Agency Check, and DA Form 20. Therefore, his last name of "R____-C____" on his DD Form 214 is consistent with the name he used throughout his period of 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. While it is understandable the applicant desires to now record his last name in his military records as it is listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. 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 last name documented in his AMHRR as it is listed on his birth certificate.
4. In view of the foregoing, there is no basis for granting his 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 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) AR20120011084
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011084
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