IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012719
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 (Report of Separation from the Armed Forces of the United States) to show his last name as "LXXXXXG."
2. The applicant states his last name is misspelled on his original discharge document.
3. The applicant provides copies of his marriage certificate and 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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 22 February 1951. He was honorably released from active duty on 25 February 1953. His DD Form 214 shows his last name as "LXXEXXXX."
4. Only one document with his name is contained in his reconstructed records, and it shows his last name with the E.
5. The marriage license provided by the applicant shows his last name spelled without the letter "E."
6. Army Regulation 635-5 (Separation Documents) serves as the authority for 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. The applicant's contention that his records should be corrected to show his last name as "LXXXXXG has been carefully considered.
2. Unfortunately, the only document in his reconstructed records shows his name as it is spelled on his DD Form 214.
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 showing a 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 the correct spelling of his last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. The applicant is advised that a copy of this decisional document, which confirms the correct spelling of his last name, will be filed in his records. This should serve to clarify any questions or confusion in regard to the difference in the data recorded in his military records and to satisfy his desire to have his correct spelling of his last name documented in his records.
5. Based on the foregoing there is no basis to grant the requested relief.
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) AR20130012719
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ABCMR Record of Proceedings (cont) AR20130012719
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