IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130012684
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 of Transfer or Discharge) to change his last name from "Sxxxxxx" to "Rxxxxxx."
2. The applicant states that after his father died his mother remarried and gave him his stepfather's last name. He would now like to have his fathers name shown in his records.
3. The applicant provides:
* Certificate of birth
* DD Form 214
* Court order (decree of name change), dated 9 December 1966
* Court order (decree of name change), dated 29 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 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, he provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army and entered active duty on
30 June 1952 in New Haven, CT.
4. On 18 June 1954, he was honorably released from active duty. His DD Form 214 shows his last name as "Sxxxxxx."
5. He provided the following documents which list his last name as "Sxxxxxx:"
* DD Form 214
* Court order (decree of name change), dated 9 December 1966, which shows his last name was changed from "Rxxxxxx" to "Sxxxxxx"
6. He provided the following documents which list his last name as "Rxxxxxx:"
* Certificate of birth
* Court order (decree of name change), dated 29 November 2011, which shows his last name was changed from "Sxxxxxx" to "Rxxxxxx"
7. Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for the preparation of the separation document. In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and 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 provided a DD Form 214 which shows his last name was listed as "Sxxxxxx."
2. 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 his last as "Rxxxxxx," there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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.
4. 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) AR20130012684
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ABCMR Record of Proceedings (cont) AR20130012684
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