IN THE CASE OF
BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130019967
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 record to show an "s" on the end of his last name.
2. The applicant states his birth certificate shows an "s on the end of his last name.
3. The applicant provides a copy of a Certificate of Live Birth showing an "s" on the end of the last name and his DD Form 214 (Report of Separation or Discharge).
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. On 15 March 1973, the applicant enlisted in the Regular Army using his surname without the "s" ending. He served until 10 March 1975 when he was retired due to physical disability. There is no document of record where an s appears at the end of his last name.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted served on active duty using the name currently recorded in his military records.
2. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
3. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Army record. This should serve to clarify any questions or confusion in regard to the difference in his current last name and the one recorded in his military record, and to satisfy his desire to have his correct last name documented in his record.
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) AR20130019967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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