IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021845
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 first and last names as D----c a----o instead of D-------o A----i.
2. The applicant states his name was changed on 24 October 1969.
3. The applicant provides a Certificate of Naturalization.
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 26 March 1968.
3. His record includes a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), prepared and authenticated by the applicant on 5 March 1970, which shows he listed his first and last names as the names he claims were changed in October 1969.
4. A review of his available military records show he served under the first and last names he claims were changed in October 1969 throughout his entire military service.
5. He was released from active duty on 5 March 1970. His DD Form 214 shows the first and last names he claims are incorrect.
6. There is no evidence in his military records, such as a court order for name change, which substantiates his claim that his name was changed in October 1969.
7. He provides a Certificate of Naturalization, prepared on 24 October 1969, which shows his first and last names as D-----c A----oo.
8. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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. Evidence shows he served under the first and last names D------o A----i throughout his entire period of active service.
2. He claims his name was changed in October 1969; however, evidence shows that on 5 March 1970, he listed his first and last names as the names he claims were changed in October 1969.
3. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While his desire to now record the first and last names he claims he legally acquired in 1969 in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the first and last names recorded in his military record and to satisfy his desire to have his current legal name documented in his OMPF.
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) AR20130021845
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ABCMR Record of Proceedings (cont) AR20130021845
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