IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002229
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 his records be corrected to show his first name as Wilxxxx.
2. The applicant states that he desires his records to be corrected to reflect that his first name is Wilxxxx instead of Wilmx.
3. The applicant provides a copy of his birth certificate.
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 6 January 1966 and his records, to include those prepared and signed by the applicant, show that he served under the first name of Wilmx.
3. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a cook at Fort Dix, New Jersey before being transferred to Germany on 20 May 1966.
4. He departed Germany on 28 December 1967 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on
29 December 1967. He had served 1 year, 11 months, and 24 days of active service and his DD Form 214 issued at the time of his REFRAD shows that his first name is the same first name under which he served his entire period of service and the only name that he used when he was required to sign his name.
5. The birth certificate provided by the applicant is dated in 1960 and shows his first name as Wilxxxx.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicants official records show he served his entire period of service using the name that is contained on his DD Form 214.
2. Although not prohibited, the applicant has provided no explanation as to why he served under a name that is different than the one on his birth certificate.
3. 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 the applicant desires to now change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, previously 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 record and to satisfy his desire to have the name listed on his birth certificate documented in his record.
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) AR20130002229
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002229
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023887
The applicant requests that he be issued a new DD Form 214 (Report of Separation from the Armed Forces of the United States) reflecting his legal name change. The applicant's military records are not available for review. ____________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.
ARMY | BCMR | CY2014 | 20140001839
IN THE CASE OF: BOARD DATE: 11 September 2014 DOCKET NUMBER: AR20140001839 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. At the time of his induction his records were prepared to show his DOB as 23 December. A review of his official records shows that he served under the same DOB as reflected on his DD Form 214 throughout his entire period of service and his records contain no documents indicating his DOB as 21 December 1950.
ARMY | BCMR | CY2013 | 20130007123
Application for correction of military records (with supporting documents provided, if any). A review of the applicants official records show he served his entire period of service using the first and last name that is contained on his DD Form 214. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, previously known as the Official Military Personnel File.
ARMY | BCMR | CY2007 | 20070009178
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 06 December 2007 DOCKET NUMBER: AR20070009178 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his Report of Separation from Active Duty (DD Form 214) to show that he served in Vietnam for 3 months. There is no evidence in the available records nor has the applicant...
ARMY | BCMR | CY2015 | 20150001297
He served all of his service under that first and middle name and he has not offered any evidence to show that an error or injustice exist in his case. _______ _ _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) AR20150001297 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2015 | 20150001867
At the time of his induction his records, to include those documents completed by the applicant were prepared to reflect the first name (Louis) that is reflected on his DD Form 214. His DD Form 214 issued at the time of his discharge reflects the first name he served all of his service under and he signed it accordingly. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2012 | 20120004317
The applicant's military records are not available for review. Although the applicant has not provided any explanation as to why he served under the DOB reflected on his DD Form 214, it is reasonable to presume that an administrative error occurred at the time of his enlistment that resulted in the date his birth was filed instead of the actual DOB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the DOB...
ARMY | BCMR | CY2014 | AR20140009823
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his month of birth as July. 2. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2010 | 20100025418
The applicant enlisted in the Regular Army in Crossville, TN on 27 August 1962 for a period of 3 years and training as an armor crewman. A review of his official record shows the applicant signed all of the documents in his records as T-ead--y. The birth certificate provided by the applicant shows his last name spelled as T-ed--y. 7. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his...
ARMY | BCMR | CY2011 | 20110008299
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his new legally changed name and to correct his race to reflect he is a Moorish-American. 2. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. However, at...