BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003688
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:
* the correct spelling of his last name as B__h___ instead of B__k___
* his service number as XXXXX85X instead of XXXXX58X
2. The applicant states, in effect, his birth certificate shows the correct spelling of his last name and general orders show his correct service number.
3. The applicant provides:
* birth certificate
* letter from the Commanding Officer, 92nd Transportation Company, dated 1 July 1967
* Headquarters, V Corps, General Orders Number 221, dated 20 December 1968
* DD Form 214
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 14 February 2003, the applicant was issued a DD Form 215 (Correction to DD Form 214) correcting his service number. Therefore, this issue will not be discussed further in this Record of Proceedings. A copy of the DD Form 215 will be provided to him.
3. On 19 January 1967, the applicant was inducted into the Army of the United States.
4. In conjunction with his induction, he completed a DD Form 398 (Statement of Personal History) wherein he stated in item 20 (Remarks) that he spelled his last name as B__k___ instead of B__h___ to avoid confusion in pronunciation although his name was not legally changed.
5. On 23 December 1968, he was honorably released from active duty. His DD Form 214 shows his last name is spelled as B__k___.
6. A review of his records shows he consistently used the spelling of his last name as B__k___ throughout his period of service.
7. The applicant provided a copy of general orders awarding him the Army Good Conduct Medal and a letter from his commanding officer that show his last name spelled as B__k___. He also provided copy of his birth certificate that shows his last name spelled as B__h___.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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. A review of the applicant's records show that although his birth certificate shows the spelling of his last name as B__h___, he indicated at the time of induction that he wanted his last name spelled as B__k___ and he served exclusively under this spelling.
2. While it is understandable that he now desires to record the name shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 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 a change to those records.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the spelling of the last name recorded in his military records and the spelling of the last name that is shown on his birth certificate.
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) AR20140003688
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ABCMR Record of Proceedings (cont) AR20140003688
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