BOARD DATE:	  6 August 2014

		DOCKET NUMBER:  AR20130019990 


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 military records to show his correct last name.

2.  The applicant states the last name on all of his military records incorrectly shows "Ve---e-"; however, his last name is "Va---a-."  He adds his Department of Veterans Affairs (VA) records are in error, due to the error in his military records.

3.  The applicant provides copies of four discharge documents and his California Commercial Driver License, along with his United States Uniformed Services Identification Card and his Blue Cross-Blue Shield and Medicare Health Insurance cards.

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 enlisted in the Regular Army (RA) on 19 August 1958 for a period of 3 years.  A copy of his initial DD Form 4 (Enlistment Record - Armed Forces of the United States) is not available in his military records.

3.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
18 August 1961 and transferred to the U.S. Army Reserve (USAR) to complete his Reserve obligation.  It also shows in:

   a.  item 1 (Name), his last name as "Ve---e-" and

	b.  he signed the document with that last name.

4.  Five DD Forms 4 show he enlisted/reenlisted in the RA on 7 November 1961, 7 November 1964, 7 November 1968, 28 February 1975, and 12 December 1978.  All five of the DD Forms 4 show his last name as "Ve---e-" and that he signed the documents with that last name.

5.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 28 April 1965, shows in:

* item 1 (First Name - Middle Name - Last Name), his last name as "Ve---e-"
* item 3 (Alias(es), Nickname(s), or Changes in Name):  "Va---a-" and "(See Item 20)"
* item 20 (Remarks), "My correct name is 'Paul Anthony Va---a-' but my Birth Certificate listed my last name as 'Ve---e-' which was unnoticed until my enlistment in the service.  The person who wrote out my name tried to correct it by writing A's over the E's but the recruiter wouldn't accept it and listed my name as 'Ve---e-.'  I wanted to enter the Army real bad so I didn't care but I have tried to correct my name and never succeeded.  I am known as 'Va---a-' by all my school mates and everyone in or near my hometown."

6.  Two DD Forms 214 show the applicant was honorably discharged (on 
6 November 1968 and on 27 February 1975) to reenlist in the RA.  They also show in:

   a.  item 1, his last name as "Ve---e-" and

	b.  the applicant signed the document with that last name.

7.  A DD Form 214 (Report of Separation) shows he was honorably retired from active duty on 30 June 1979 and transferred to the USAR Control Group (Retired).  It also shows in:

   a.  item 1, his last name as "Ve---e-" and

	b.  the applicant signed the document with that last name.

8.  A review of his military personnel records failed to reveal a copy of a request for name change or approval of a request for official name change.

9.  In support of his request, he provides a copy of his California Commercial Driver License, issued on 16 June 2008; United States Uniformed Services, U.S. Army Retired ID card, issued on 20 December 2010; Medicare Health Insurance card, issued on 1 March 2005; and Blue Cross-Blue Shield card.  All of the documents show his last name as "Va---a-."

10.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Section II (Instructions for Preparing DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 simply state to enter the name in all capital letters.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's military service records correctly reflect his last name (i.e., "Ve---e-") as he reported it upon enlistment and several reenlistments, and throughout the course of his military service spanning the period from 19 August 1958 through 30 June 1979.

2.  The evidence of record shows, on 28 April 1965, he reported that his preferred surname was "Va---a-"; however, there is no evidence that shows he submitted supporting documents to Army officials substantiating "Va---a-" as his official last name or that he requested a name change to his official military service records.  Moreover, the evidence of record shows he continued to use the last name "Ve---e-" during his military service for another 14 years.

3.  His military service records clearly show his last name (as the applicant acknowledges that it appears on his birth certificate) and as he reported it.  In addition, he signed numerous documents using that last name and his reported last name was consistently recorded in his official military service records, including on his DD Form 214, when he retired from active duty.

4.  The evidence of record shows that, since retiring from active duty, he has used the last name "Va----a-."

5.  Considering all the evidence and information presented, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the name in his official military service records.

6.  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 he desires to now record his preferred last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

7.  In view of the foregoing, there is no basis for granting the requested relief.

8.  A copy of this Record of Proceedings will be filed in his OMPF so a record of his preferred last name will be available.

9.  If it is the applicant's retired pay records that he wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that its policy is to refer retirees to the U.S. Army Human Resources Command to approve a name change.  The applicant should therefore provide officially authenticated supporting documentation to the:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, requesting approval of his request for name change on his Army (retired pay) records and informing DFAS when it has been approved.


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)                                         AR20130019990



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ABCMR Record of Proceedings (cont)                                         AR20130019990



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