BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005114
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, in effect, that his last name be changed to "B------s" and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in item 19c (Current Active Service other than by Induction, Date of Entry) that his Date of Entry is 14 January 1963 and in item 11d (Type of Transfer or Discharge, Effective Date) that his effective date of separation is 14 January 1967.
2. The applicant states he was drafted and eventually served with the 148th Quartermaster Company in Vietnam. He also states he originally served with the 266th Quartermaster Company and he believes that due to this confusion his DD Form 214 has a "NA" for date of entry. Additionally, after his service he changed his last name to "B-------s."
3. The applicant provides copies of his DD Form 214 and legal name change.
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 applicants records show he was inducted on 21 January 1965. He completed his training and was assigned to the 266th Quartermaster Battalion at Fort Lewis, WA for his first duty assignment.
3. On 18 August 1965, he was transferred to the 148th Quartermaster Company at Fort Lewis. On 21 August 1965, he was transferred to Vietnam with his unit.
4. He departed Vietnam on 13 December 1966 and was transferred to Hawaii where he was honorably released from active duty (REFRAD) on 21 December 1966 as an overseas returnee. He had served 1 year, 11 months, and 1 day of total active service. His DD Form 214 issued at the time of his REFRAD shows the last name he used during his entire period of service. It also shows he was inducted on 21 January 1965 and was REFRAD on 21 December 1966.
5. A review of his official records failed to show any service other than what is reflected on his DD Form 214. Additionally, the last name contained on his DD Form 214 is the only last name he used. The legal name change provided by the applicant was approved on 9 December 1988.
6. Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that item 19c would be completed to reflect the date of entry on active duty for all personnel other than inductees.
7. Army Regulation 635-5 also provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his name and dates of entry and REFRAD should be changed on his DD Form 214 has been noted.
2. The applicant served under the last name that is contained on his DD Form 214 during the dates reflected on his DD Form 214. Therefore, there is no evidence of record or independent evidence that suggests his military record exhibits a material error or injustice.
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 it is understandable that the applicant desires to now record his legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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 name recorded in his military record and to satisfy his desire to have his legal name documented in his OMPF.
5. The applicant has not provided and his records do not contain any evidence showing that he served during any dates or any other name other than what is reflected on his DD Form 214. Accordingly, there is no basis to grant his requested relief.
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) AR20140005114
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ABCMR Record of Proceedings (cont) AR20140005114
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