IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20140005698 


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, correction of his records to show his last name as "Ford" instead of "Bush." 

2.  The applicant states his name needs to be the same on all agencies' documents, including the Department of Veterans Affairs, Social Security Administration, Department of Motor Vehicles, Internal Revenue Service, and his passport.  His mother signed the enlistment form since he was 17 years of age at the time.  He did not know she used the last name of "Ford."  

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 26 September 1968 and 23 February 1973
* Social security card
* State driver license

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his last name as "Bush."  He signed this form using this last name. 

3.  He enlisted in the RA on 9 January 1968.  He listed his last name as "Bush" on the DD Form 4 (Enlistment Contract - Armed Forces of the United States) and signed this form and allied documents using the last name "Bush." 

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, also listed his last name as "Bush." 

5.  He was honorably discharged on 26 September 1968 for the purpose of immediate reenlistment.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 listed his last name as "Bush."  He authenticated this form with his signature using this last name.

6.  He reenlisted in the RA on 27 September 1968.  His DD Form 4 for this period of service also listed his last name as "Bush."  He signed this form using this last name. 

7.  His service record contains multiple documents, including the following documents, that show his last name as "Bush."  He authenticated those documents requiring his signature with the same name:

* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* Promotion, assignment, award, and separation orders
* Insurance Certificate
* Fingerprint Card
* National Agency Check Request

8.  He was discharged from active duty on 23 February 1973.  Item 1 of his DD Form 214 for this period of service shows his last name as "Bush."  He also authenticated this form with his signature using this last name. 

9.  He provides a social security card, that contains a social security number the same as his, and a state driver license, listing an individual with the last name "Ford." 
10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.  The evidence of record shows upon his enlistment in the RA on 9 January 1968 and reenlistment in September 1968, the applicant listed his last name as "Bush."  This last name is consistent with the last name on all documents in his service record.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct.  There is no evidence he used the requested last name at any time during his military service.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record a different last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

3.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change them.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20140005698





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ABCMR Record of Proceedings (cont)                                         AR20140005698



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