IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018335
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 the spelling of his last name as "Hug" instead of "Hugg."
2. The applicant states:
* he is at fault for not immediately correcting the error
* he wants the correction for the pre-planning of his funeral
* the correction would help in probate court and he would like to receive a flag upon his death
3. The applicant provides:
* social security card
* South Carolina driver's license
* South Carolina Department of Health and Environmental Control Division of Vital Records identification (ID) card
* Department of Veterans Affairs (VA) ID card
* DD Form 214
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 December 1960.
3. His DD Form 47 (Record of Induction) shows his last name spelled as "Hugg."
4. A review of his records shows he used the last name "Hugg" throughout his service.
5. On 26 November 1962, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 11 months, and 19 days of creditable active military service.
6. The applicant provides copies of social security card, South Carolina driver's license, South Carolina Health and Environmental Control ID card, and VA ID card that all show the spelling of his last name as "Hug."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated 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.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's records shows he served exclusively under the last name "Hugg." While it is understandable that he now desires to record the name shown on his social security card 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 military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name shown on his social security card.
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 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) AR20130018335
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ABCMR Record of Proceedings (cont) AR20130018335
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