BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130015649
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 name from Colxxx to Whitxxx.
2. The applicant states:
* throughout most of his life he believed his last name was Colxxx when it was actually Whitxxx
* his mother never told him he was using his stepfather's name without benefit of a legal name change
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certificate of Live Birth
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 was inducted into the Army of the United States on
8 September 1970. His record contains a DD Form 47 (Record of Induction) that shows he was inducted under the last name "Colxxx." This form further shows an also known as (AKA) last name of "Whitxxx."
3. All of the official documents contained in his Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file (OMPF), show his name as "Colxxx."
4. His Certificate of Birth shows his last name entered as "Whitxxx."
5. On 3 April 1972, the applicant was honorably released from active duty. He completed 1 year, 6 months, and 26 days of net active service. The DD Form 214 he was issued at the time shows in:
* item 1 (Last Name First Name Middle Name) the last name:
"Colxxx"
* item 48 (Signature of Person being Separated) shows the applicant signed his last name as "Colxxx."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 47 shows he was inducted into the Army of the United States under the last name of "Colxxx," which is properly recorded throughout his military record and on his DD Form 214. Therefore, there is no basis for granting the applicant's requested relief.
2. 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. While it is understandable the applicant desires to now record his name to other than that shown on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his record. This should serve to clarify any questions or confusion in regard to the difference in the names recorded in his military record and to satisfy his desire to have his name shown otherwise.
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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