BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003248
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 his last name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 September 1987 be changed from "Mohn" to "Andersyn."
2. The applicant states his last name was legally changed to "Andersyn."
3. The applicant provides:
* his DD Form 214
* an Order Changing Name, dated 15 August 2011, issued by the Montana Seventeenth Judicial District Court, Valley County
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 1987, he enlisted in the Regular Army. He continued to serve until his discharge on 10 January 1999. His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his last name as "Mohn."
3. The following documents show his last name as "Mohn":
* DD Form 4, dated 6 March 1992
* DD Form 4, dated 20 January 1994
* DD Form 4, dated 4 June 1997
* all documents throughout his Army Military Human Resource Record (AMHRR)
4. On 10 January 1999, he was discharged with disability severance pay. His DD Form 214 and his discharge orders show his last name as "Mohn."
5. On 15 August 2011, the Montana Seventeenth Judicial District Court, Valley County changed his last name to "Andersyn."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. All of his military records contained in his AMHRR show his last name as "Mohn." He did not officially change his last name until over 12 years after his discharge.
2. 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 legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his legal name, will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his legal 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 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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