IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120021403 


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 name.

2.  The applicant states:

* his recruiter incorrectly entered his name when he enlisted
* his birth certificate contains both his birth name of "W--g" and the given name of "F--g"

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed forces of the United States)
* Certificate of Birth
* Court Decree Changing Name, dated 10 August 1960

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 12 March 1953.  His record contains a DD Form 47 (Record of Induction) that shows he was inducted under the name "W--g, V-e H---g."  This form further shows an also known as (AKA) name of "F--g, B------n."

3.  All of the official documents contained in his Army Military Human Resources Record (AMHRR), formerly known as the official military personnel file (OMPF), show his name as "W--g, V-e H----g."

4.  His Certificate of Birth shows his name entered as (W-e H---g F--g), followed by the entry "V-e H----g W--g."

5.  On 22 February 1955, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  He completed 1 year, 11 months, and 11 days of net active service.  The DD Form 214 he was issued at the time shows in:

* item 1 (Last Name – First Name – Middle Name) the entry
"W--g, V-e H---g"
* item 48 (Signature of Person being Separated) shows the applicant signed his name as "V-e H. W--g"

6.  On 11 August 1960, the Superior Court of the State of California Decree Changing Name shows the applicant's name as "W-e H---g F--g," AKA
"V-- H----g W--g."  However, based on the applicant's petition, the court granted his name change to "B------n V-e F--g."

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 states, in pertinent part, 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.  The regulation also 


establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2.  The instructions for completing item 1 state to enter the name as it is recorded in the military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 47 shows he was inducted into the Army of the United States under the name of "V-e H---g W--g," which is properly recorded throughout his military record and on his DD Form 214.  Therefore, there is no basis for granting the applicant's requested relief.

2.  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 name to other than that shown on his DD Form 214, 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 names recorded in his military record and to satisfy his desire to have his name shown as otherwise.

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)                                         AR20120021403



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ABCMR Record of Proceedings (cont)                                         AR20120021403



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