IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008274
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 from Active Duty) to show his last name as "S_____T" instead of "S_____D."
2. The applicant states he did not discover the error in the spelling of his last name until after his mother and father had passed away.
3. The applicant provides:
* DD Form 214
* Driver License
* Department of Veterans Affairs (VA) Identification Card
* Social Security Card
* Certificate of Live Birth
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 records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 16 June 1984 for enlistment in the Regular Army (RA) not later than 5 September 1984. The applicant enlisted in the RA on 5 September 1984 accordingly. Item 1 (Name Last, First, Middle) of the applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the spelling of applicant's last name as "S_____D."
3. The applicant's records contain various personnel, finance, medical, and other documents that show the spelling of the applicant's last name as "S_____D." Many of these forms are authenticated by the applicant using this last name.
4. The applicant was honorably released from active duty in the rank/grade of specialist four/E-4 on 2 July 1987. Item 1 (Name) of the DD Form 214 shows the spelling of the applicant's last name as "S_____D."
5. The applicant provides an Ohio Department of Health Certificate of Live Birth, VA Identification Card, Social Security Card, and an Ohio Driver License which show the spelling of his last name as "S_____T."
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 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 applicant contends that his DD Form 214 should be modified to show the spelling of his last name as "S_____T" instead of "S_____D."
2. The evidence of record shows that upon his enlistment in the USAR DEP on 16 June 1984 and subsequent enlistment in the RA on 5 September 1984, the applicant listed the spelling of his last name as "S_____D." This name is consistent with the name on every document in the applicant's service records.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's name in this case.
4. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the spelling of his last name and adequately document the current spelling of his last name in these records.
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) AR20140008274
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ABCMR Record of Proceedings (cont) AR20140008274
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