IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016832
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as P-ar---I,
F---k M-----l vice P-ra---I, F---k P-----p.
2. He states his last name is misspelled and his middle name is incorrect.
3. He provides copies of his:
* DD Form 214
* certificate
* Social Security card
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 available evidence shows he was inducted into the Army of the United States on 9 April 1968. His DD Form 47 (Record of Induction) dated 9 April 1968, shows he enlisted using the name P-ra----, F---k P----p.
3. His record contains numerous documents which show that throughout his military service he used the name P-ra----, F---k P----p.
4. On 5 September 1968, he was released from active duty after completing
4 months of active military service. Item 1 (Last Name, First, Name, Middle Name) of the DD Form 214 he was issued shows his name as P-ra----, F---k
P----p. Item 32 (Signature of Person Being Transferred or Discharged) shows he authenticated his DD Form 214 with the name F---k P----p P-ra---i.
5. He submitted a:
a. State of New York, Department of Heath, Certificate, dated 18 May 1953, which shows his name as F---k M-----l P-ar---i and
b. Social Security card that shows his name as F---k P-ar---i.
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 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 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 his name as "P-ar---I, F---k M-----l" 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 his 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 name he used when he served on active duty and the 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) AR20130016832
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016832
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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