IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130009854 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his last name as "Moorer" instead of "Moore."

2.  The applicant states his last name should be shown as "Moorer."

3.  The applicant provides a copy of his DD Form 214, an Ohio Veterans Home Residential Profile Report, and a copy of his State of Ohio Identification Card.

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 21 February 1952.  His induction document is not available for review in this case.  

4.  On 20 November 1953, he was honorably released from active duty.  His DD Form 214 shows his last name as "Moore."

5.  He provides an Ohio Veterans Home Residential Profile Report and a copy of his State of Ohio Identification Card, which show his name as "Moorer."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states 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 that it reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his last name as "Moorer" instead of "Moore."

2.  The evidence of record shows he was inducted into the Army of the United States on 21 February 1952; however, the last name used on his induction paperwork is unknown.  Since his records are not available for review, the last name he used throughout his period of military service is unknown.  It is not unreasonable to presume the last name shown on his DD Form 214 is the same last name that was used to identify him throughout his period of military service.

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 record a different last name for identification purposes, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records were correct at the time and there is insufficient evidence to grant him relief in this case.

5.  The applicant is advised that a copy of this decisional document will be filed in the Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the name in his military record and to satisfy his desire to have his current name shown in the 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.

ABCMR Record of Proceedings (cont)                                         AR20120015420



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ABCMR Record of Proceedings (cont)                                         AR20130009854



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