IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20130012730
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 military records by changing his last name from "Wasxxx" to "Warxxx."
2. The applicant states he needs his last name changed for legal reasons and is still using the same social security number (SSN).
3. The applicant provides no additional documents with his application.
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 14 July 1981 for a period of
3 years under the last name of "Wasxxx." He completed his training as an infantryman at Fort Benning, Georgia and served in Germany and then Fort Stewart, Georgia, all under the last name of "Wasxxx."
3. On 17 August 1984, he was honorably released from active duty due to his expiration term of service. He had served 2 years, 11 months, and 29 days of active service and all documents in his records were signed by the applicant as having a last name of "Wasxxx."
4. A review of the applicant's official records failed to show evidence of a legal name change being made by him during the period he served. Additionally, there is no evidence that he ever served under a different last name than that which is contained in his records.
5. 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 name that is contained on his DD Form 214.
2. The applicant has provided no evidence to show that his legal name has been changed or a sufficient explanation as to why he served under a name that is different than the one he is now claiming to be correct.
3. In addition, 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. 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 new last name 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.
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