IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022784
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 that the last name shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be changed from "Medz____" to "Metz____."
2. He states when he came to the United States from Poland he used the last name of "Medz____." However, he went to court in March 1958 to have his last name legally changed to "Metz____."
3. He provides his DD Form 214 and a court order.
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 are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents he provides.
3. His DD Form 214 shows he was inducted into the Army of the United States on 14 July 1953. On 24 May 1955, he was honorably released from active duty.
4. His DD Form 214 shows his last name as "Medz____," and he signed the form using this spelling of his last name.
5. He provides a court order showing, on 7 March 1958, the Oneida County Court of the State of New York, City of Utica, granted his petition to change his name from "S_______ Medz____" to "S______ J_____ Metz____." The order was effective on and after 10 April 1958.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers 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 last name is recorded as "Medz___" on his DD Form 214. His last name was legally changed to "Metz____" in 1958, nearly 3 years after his release from active duty. In the absence of evidence showing otherwise, it must be presumed that the last name shown on his DD Form 214 is the last name he used throughout his active duty 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. 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 that the applicant desires to record the last name he now uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214 at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record. This should serve to clarify any questions or confusion in regard to the difference between the last name recorded on his DD Form 214 and the last name he now uses.
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) AR20120022784
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ABCMR Record of Proceedings (cont) AR20120022784
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