IN THE CASE OF:	  

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130002175 


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 (Report of Separation from Active Duty) to show his name as A____ Y____ M____ and his date of entry on active duty as 9 October 1974.

2.  The applicant states the corrections are necessary to apply for Department of Veterans Affairs benefits.

3.  The applicant provides copies of his birth certificate, DD Form 214, and social security card.

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.  On 10 September 1975, the applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) with parental consent.

3.  His enlistment documents indicate he enlisted under the name A____ Y____ but state his birth certificate showed his name as A____ M____.  His mother's name is shown as G____ M____ on his enlistment documents, but she signed the consent form as G____ K____.  A single signature consent was noted due to his parents being divorced.

4.  The applicant was discharged from the USAR DEP and enlisted in the Regular Army on 9 October 1975.  He was discharged under honorable conditions on 22 March 1977.  His DD Form 214 shows he completed 1 year, 5 months, and 14 days of active service and 29 days of inactive service.

5.  The applicant's available records contain no documentation or evidence that he ever served under the last name M____.

6.  The birth certificate and social security card provided by the applicant show his name as A____ M____.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records), states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not contain and the applicant has not provided any evidence to show he enlisted in 1974 or that he entered active duty prior to 9 October 1975.  His period in the USAR DEP from 10 September 1975 through 8 October 1975 (29 days) is not active duty service and is properly reflected on his DD Form 214 as inactive service.

2.  The applicant's records do not contain and the applicant has not provided any evidence that his name was legally changed at any time during his active duty service or that he served under any name except A____ Y____.

3.  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 correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Because the applicant's records show his birth name as the same name as he is currently known as, the applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current name documented in his AMHRR.

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)                                         AR20130002175



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002175



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1