BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130004541 


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 (Armed Forces of the United States Report or Transfer or Discharge) to show the spelling of his last name as "CHANDLER."

2.  The applicant states:

* his grandmother, a midwife, who delivered him could not read or write
* the doctor who filled out the birth information wrote his last name the way his grandmother pronounced it
* his grandmother did not know how to correctly spell his father's last name
* as a result of the foregoing, his name was misspelled on his birth certificate when he entered the service
* in the past years, he had his last name corrected on his birth certificate

3.  The applicant provides:

* self-authored statement
* DD Form 214
* birth certificate
* National Guard Bureau Form 22 (Report of Separation and Record of Service)


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 records contain a DD Form 398 (Statement of Personal History) that he completed during his enlistment processing.  It includes both his and his father's name and lists his last name as "CHANLER."

3.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States) prepared during his enlistment processing shows his last name as "CHANLER."  The applicant also authenticated this document by signing the same last name.

4.  On 19 January 1968, the applicant enlisted in the Regular Army.  The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his last name as "CHANLER."

5.  All other documents filed in the applicant's military records, with the exception of a medical prescription, list his last name as "CHANLER."  A DD Form 771 (Spectacles Prescription), dated 6 September 1968, lists his last name as "CHANDLER."

6.  On 15 January 1970, the applicant was released from active duty.  His DD Form 214 lists the same last name as recorded on his DD Form 4, DA Form 20, and the preponderance of other documents filed in his military records.

7.  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 establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides 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 applicant contends his DD Form 214 should be corrected to show his last name as "CHANDLER."  However, the evidence of record confirms that during his enlistment processing, he recorded his last name as "CHANLER."  This was the last name given to him at birth as shown on his birth certificate.

2.  While his military records include a single document that lists his last name as "CHANDLER," this prescription prepared by a medical professional alone is insufficient to negate all other documents on file in face of the applicant's admission that his name of record is the same last name given to him at birth.

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 changing those records.  While it is understandable that the applicant now desires to record his current last 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.  The applicant is advised that a copy of this decisional document that confirms his current last name will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the last name recorded in his military records and to satisfy his desire to have his current last name documented.

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)                                         AR20130004541



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ABCMR Record of Proceedings (cont)                                         AR20130004541



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