BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015823
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 R--i.
2. He states his last name contains a typographical error.
3. He provides copies of his:
* DD Form 214
* Certification of Birth
* Certificate of Baptism
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 applicants 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 applicants 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 National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire.
3. The available evidence shows he enlisted in the Regular Army on 7 April 1952.
4. The available evidence contains a Standard Form 88 (Report of Medical Examination) which lists his last name as R--a.
5. On 6 April 1954, he was released from active duty after completing 2 years of active military service. Item 1 (Name) of the DD Form 214 he was issued shows his last name as R-a. Item 40 (Signature of Person Being Separated) shows he authenticated his DD Form 214 with the last name R---a.
6. He submitted a:
a. City of New York, Department of Heath, Certification of Birth, dated
31 March 1932, which shows his last name as R--i; and
b. Certificate of Baptism, dated 12 June 1932, that shows his last name as R--i.
7. 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 Soldiers 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 (Name) state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSION
1. While the applicant's desire to change his military record to reflect the requested spelling of his last name is understood, the available evidence shows he entered, served, and was separated from active duty under the spelling of the last name that is listed on his DD Form 214.
2. 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. There appears to be no compelling reason to compromise the integrity of the Armys records by changing the spelling of his last name at this late date.
3. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the spelling in the last name he used when he served on active duty and the spelling of the last name he currently uses.
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) AR20130015823
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ABCMR Record of Proceedings (cont) AR20130015823
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