IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120021681
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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect the correct spelling of his last name as Arbuxxxxxx.
2. The applicant states his last name is not spelled correctly on his DD Form 214.
3. The applicant provides copies of his birth certificate, chauffeur license, Medicare Card, and his DD Form 214, which all show the spelling of his last name as Arbuxxxxxx.
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 military records show he enlisted in the Regular Army on
22 January 1962 using the last name of Arbnxx. However, in the Armed Forces Security Questionnaire (Remarks) section of his DD Form 4 (Enlistment Record-Armed Forces of the United States) the applicant stated "Jxxxx Arbuxxxxxx, I used it from the time of birth until about 6 months after birth, then discontinued."
3. Army service numbers were used for identification at that time. The only Social Security Number (SSN) in the available record is listed on a 1966 Army Reserve form. That SSN matches the one shown on the applicants Medicare card.
4. Army Regulation 635-5 (Separation Documents) provides guidance for preparation of the DD Form 214. This regulation has historically stated the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The record shows the applicant enlisted and served under a specific surname of his (or perhaps his parent's) choosing.
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.
3. Nevertheless, it would be appropriate to correct the applicants records only as recommended below.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 (Remarks) of his DD Form 214, "Also Known As: (the complete name as shown on his Medicare Card)."
_______ _ __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) AR20120021681
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ABCMR Record of Proceedings (cont) AR20120021681
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