IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130000773
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 military records to show the last name he currently uses of Hxxx.
2. The applicant states he enlisted in the Army under his stepfather's last name, Wxxxxxxxx. His actual last name, he found out when he was getting married, was never changed on his birth certificate from his mother's maiden name of Hxxx. He is losing his job and will be returning to school and would like his military records to show his correct last name of Hxxx. He believes that his mother thought his stepfather was going to adopt him, so she registered him in school under his stepfather's last name. When his stepfather did not adopt him, his mother did not want to tell him that his stepfather was not his real father. She kept the lie going until he got a copy of his birth certificate and found out the truth.
3. The applicant provides no additional evidence.
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 record contains:
* DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he enlisted in the Regular Army on 14 April 1981 under the last name of Wxxxxxxxxx
* DD Form 93 (Record of Emergency Data) which shows he served in the Army under the last name of Wxxxxxxxxx
* DA Form 2-1 (Personnel Qualification Record Part II) which shows he served under the last name of Wxxxxxxxxx
3. He was honorably released from active duty on 5 April 1984 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his last name as Wxxxxxxxxx.
4. He was honorably discharged from the USAR on 13 April 1987. His discharge orders show his last name as Wxxxxxxxxx.
5. The military documents on file in his military records show the last name he served under during his period of active duty. There is no evidence in his service personnel records to show he legally changed his last name while serving on active duty.
6. Army Regulation 635-5 (Separations Documents), in effect at time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 evidence of record shows the applicant served and was released from active duty and discharged from the USAR under the last name as shown in his records, on his DD Form 214, and USAR discharge orders. The evidence shows he did not legally change his last name prior to his release and discharge dates. It appears he began using the last name of Hxxx after his separations. Therefore, his military records, to include his DD Form 214 and discharge orders, are correct as currently constituted and there is no basis for granting him the requested relief.
2. While his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. 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.
3. A copy of this decisional document will be filed in his Army Military Human Resource Record so a copy of his current last name will be on file.
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) AR20130000773
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ABCMR Record of Proceedings (cont) AR20130000773
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