BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140008897
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 military record to show his correct first name.
2. The applicant states his first name is incorrectly listed in his military record and it should be corrected to show Tamas instead of Tomas.
3. The applicant provides:
* Embassy of the United States of America Letter with Hungarian Birth Certificate
* a copy of his AARP Card, Social Security Account Card, and Drivers 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 applicants 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 applicants 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case will be considered using a reconstructed NPRC file.
3. The applicant's DD Form 214 shows he enlisted into the Army of the United States on 11 May 1951. His NPRC file contains a few medical record documents that list his first name differently as "TOMAS" or "THOMAS." There are no documents in his file that lists his name as "TAMAS."
4. On 21 May 1953, he was honorably released from active duty. Item 1 (LAST NAME- FIRST NAME MIDDLE NAME) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) lists his first name as "TOMAS" and he signed the same first name in item 48 (Signature of Person Being Separated).
5. The foreign certificate of birth provided by the applicant, issued 29 April 1993, shows his first name as "TAMAS."
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provided 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 his record should be corrected to change his first name. However, the available evidence of record confirms he served under the name currently listed on his DD Form 214 as evidenced by his signature shown on this document. This is one of the last documents he signed while on active duty and he authenticated it by signing with the first name that he now claims is incorrect. Accordingly, despite the different first name listings shown on the medical record documents contained in his NPRC file, there is no basis to change the applicant's record to list the name he now claims is correct.
2. 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 the applicant desires to now record the first name that is listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his birth name, 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 first name recorded in his military record and to satisfy his desire to have his birth name documented in his OMPF.
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) AR20140008897
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ABCMR Record of Proceedings (cont) AR20140008897
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