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Decision Text

ARMY | BCMR | CY2013 | 20130012769
Original file (20130012769.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130012769 


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 reconsideration of his earlier request to correct his last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from Wyxx to Wixx.

2.  The applicant states, in effect, his last name is spelled Wixx.

3.  The applicant provides:

* social security card
* Driver license
* Department of Veterans Affairs (VA) medical card
* marriage certificate
* Alabama birth certificate
* letter from VA, dated 16 April 2012

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013164, on 7 February 2013.

2.  The applicant submitted additional documents which were not previously considered by the Board.  The new evidence warrants consideration at this time.

3.  The applicant was inducted into the Army of the United States on 16 February 1966.

4.  His DD Form 47 (Record of Induction) shows his last name was spelled Wyxx.

5.  Documents in his record show his last name was spelled Wyxx and he signed his last name as Wyxx on documents where his signature was required.

6.  On 15 February 1968, he was released from active duty.  His DD Form 214 shows his last name is spelled Wyxx and he signed the DD Form 214 with the last name spelled Wyxx.

7.  The birth certificate he provides shows his last name is spelled Wixx and the DOB as 18 February xxxx.  Section 2 (Facts Amended) of the certificate states the registrant's last name was corrected from Wyxx to Wixx on 29 January 2003.

8.  The applicant also provides copies of his social security card, driver license, VA identification card, application for marriage license, and marriage license all of which show his last name as Wixx.

9.  A letter from the VA, dated 16 April 2012, shows the VA granted the applicant's request for his name change to Wixx and changed his patient profile to reflect the name change.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's record shows he served using the last name "Wyxx."  While it is understandable he desires to now record the name shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

2.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as the official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and the name shown on his birth certificate.



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 to amend the decision of the ABCMR set forth in Docket Number AR20120013164, dated 7 February 2013.




      _______ _   _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)                                         AR20130012769



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ABCMR Record of Proceedings (cont)                                         AR20130012769



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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