IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130022145
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 last name as "Hxxx" instead of "Gxxx."
2. The applicant states his last name at birth was "Hxxx." However, he attended school and he served in the military under his step-father's last name. He was never legally adopted and he would like his service records to reflect his legal last name.
3. The applicant provides:
* copies of his social security card, driver's license, and birth certificate
* copy of his U.S. Passport
* DD Form 214 (Report of Separation from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* six NGB Forms 23 (Retirement Credits Record)
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 Army National Guard (ARNG) on 4 September 1975. His last name is listed as Gxxx on his enlistment contract.
3. He attended initial active duty for training from 6 June to 27 August 1976. His DD Form 214 for this period of service shows his last name as "Gxxx."
4. He was discharged from the ARNG on 15 May 1987. His NGB Form 22 shows his last name as "Gxxx."
5. His entire military record shows his last name as "Gxxx." There is no evidence indicating he ever listed his last name as "Hxxx" throughout his military service.
6. He provides copies of his social security card, driver's license, birth certificate, and U.S. Passport that show his last name as "Hxxx."
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he served under the last name "Gxxx" throughout his entire period of military service.
2. 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 his legal last name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. 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 last name recorded in his military record and to satisfy his desire to have his legal last 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) AR20130022145
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ABCMR Record of Proceedings (cont) AR20130022145
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