BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130002994
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 record to show the correct spelling of his last name is Txxxox instead of Txxxax.
2. He states, in effect, his name is misspelled.
3. He provides his:
* South Carolina Driver's License, issued on 28 November 2005
* DD Form 2 ((Retired) U.S. Unformed Service Identification Card)
* State of South Carolina, Certification of Vital Record, Birth Certification, issued on 2 November 2011
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 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. 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 21 April 1976 to 21 April 1983 under the spelling of the last name of Txxxax. He authenticated the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued using this spelling of his last name.
4. On 22 April 1983, he was commissioned as an officer in the U.S. Army Reserve and entered active duty. His appointment orders and DA Form 873 (Certificate of Clearance and/or Security Determination) show the spelling of his last name as Txxxax.
5. On 31 May 1995, he was retired after completing a total of 19 years, 1 month, and 10 days of active military service. Item 1 (Name) on his DD Form 214 for the period ending 31 May 1995 shows the spelling of his last name as Txxxax. He authenticated this DD Form 214 using this spelling of his last name.
6. His retirement orders and every other document contained in his Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) shows the spelling of his last name as Txxxax. He authenticated all documents requiring a signature using this spelling of this last name.
7. The DD Form 2, Birth Certificate, and the Driver's License he submitted all show the last name of Txxxox.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to change his military record to reflect the requested spelling of his last name is understood, the available evidence shows he entered, served, and was separated from active duty under the spelling of the last name that is listed on his DD Forms 214 and all other documents in his AMHRR.
2. 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. There appears to be no compelling reason to compromise the integrity of the Armys records by changing the spelling of his last name at this late date.
3. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the spelling in the last name he used when he served on active duty and the spelling of the last name he currently 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.
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