IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130022325
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 his full name be corrected on his military records.
2. The applicant states:
* his name is incorrect
* his correct name is A----x G-------e S-----d
3. The applicant provides:
* his U.S. Uniformed Services Identification Card
* Birth certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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's DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 18 March 1980, shows the:
* First name M-----l
* Middle name A---n
* Last name S-----d
3. He enlisted in the U.S. Army Reserve, Delayed Entry Program, on 18 March 1980 for a period of 6 years. He enlisted in the Regular Army on 1 May 1980. He served as an infantryman and he was retired on 5 December 1983 and placed on the Temporary Disability Retired List (TDRL) the following day.
4. Item 1 (Name, Last, First, Middle) of his DD Form 214 shows the:
* First name M-----l
* Middle name A---n
* Last name S-----d
5. Item 21 (Signature of Member Being Separated) of his DD Form 214 shows a legible signature and the name is M-----l A. S-----d.
6. On 19 February 1985, he was removed from the TDRL because of permanent physical disability. . His name is shown as M-----l A S-----d on these orders.
7. He provides a birth certificate which shows his name as A---n G-------e S-----d.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, 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. In pertinent part it stated that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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's enlistment document, TDRL documentation, and service personnel records show the name M------l A---n S-----d. It appears he appropriately served on and was retired in this name. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.
3. The applicant is advised that a copy of this decisional document, which confirms his correct name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the names in his OMPF and satisfy his desire to have his correct 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) AR20130022325
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ABCMR Record of Proceedings (cont) AR20130022325
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