IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130007123
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the correct spelling of his first and last name.
2. The applicant states that his DD Form 214 contains a misspelling of his first and last name. He goes on to state that his correct first and last name is V----r K---ki---i.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 17 September 1964 for a period of 3 years. The applicant enlisted under the name contained on an alien registration card that he provided. The available evidence also shows he used two other names and neither of those names are the name he now claims is his correct name.
3. He completed basic training at Fort Dix, New Jersey and advanced individual training as a telephone switchboard operator at Fort Gordon, Georgia before being transferred to Germany on 16 April 1965.
4. The applicant continued to serve under and sign his name as it is reflected on his DD Form 214 and on all of his official records.
5. On 14 September 1967, he was honorably released from active duty (REFRAD) at Fort Hamilton, New York as an overseas returnee. He had served 2 years, 11 months, and 28 days of active service and his DD Form 214 issued at the time of his REFRAD reflects the name he contends is incorrect.
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 first and last 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 first and last name that is different than the one he now claims is his correct name and he has not provided evidence to show that the name he claims is his correct name.
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 first and 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. 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 that he now uses 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) AR20130007123
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ABCMR Record of Proceedings (cont) AR20130007123
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