BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004317
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 (Certificate of Release or Discharge from Active Duty) to show the last name of "Smxxh" instead of "Duxxxxxe."
2. The applicant states he needs his DD Form 214 updated with his name change.
3. The applicant provides a copy of the Final Decree Changing the Name of an Adult.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 6 May 1981. He was discharged from the DEP and enlisted in the Regular Army (RA) on 18 June 1981. His records contain the following:
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 6 May 1981, which lists his last name as "Duxxxxxe"
* DA Form 2-1 (Personnel Qualification Record), prepared on 23 June 1981, which lists his last name as "Duxxxxxe"
* DD Form 93 (Record of Emergency Data), dated 11 April 1984, which lists his last name as "Duxxxxxe"
3. He was released from active duty on 17 June 1984 and was transferred to the USAR Control Group (Reinforcement). His DD Form 214 lists in item 1 (Name (Last, First, Middle) his last name as "Duxxxxxe."
4. Orders D-06-C42446, dated 16 June 1987, honorably discharged him from the USAR on 17 June 1987. These orders list his name as "Duxxxxxe."
5. He provided a copy of a Final Decree Changing the Name of an Adult, dated 28 March 2003, from "Duxxxxxe" to "Smxxh."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the DEP, the RA, and the USAR under the last name of "Duxxxxxe." This last name is consistent with the last name shown on all military documents. In 2003, he changed his last name to "Smxxh."
2. For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the last name he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared, and there is an insufficient evidentiary basis to grant him relief. However, a copy of this decisional document will be filed in his records to clarify the difference between his current last name and the last name used during his periods of service.
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) AR20140004317
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ABCMR Record of Proceedings (cont) AR20140004317
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