IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009278
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his legal name change.
2. The applicant states he desires his DD Form 214 to be corrected to reflect his legal name change so his family can make reliable end of life decisions.
3. The applicant provides copies of his DD Form 214 and the court order effecting his 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 applicant enlisted in the Regular Army on 15 January 1963 for a period of 3 years using the first name of Gasper and his last name spelled with a Z. He completed his one-station unit training as a combat engineer at Fort Leonard Wood, Missouri and was transferred to Fort Carson, Colorado for his first duty assignment.
3. On 26 August 1964, he was transferred to Korea where he served until
12 September 1965 when he was transferred back to Fort Carson.
4. On 26 October 1965, he submitted a request to have his name changed in his official records to reflect a first name of MATHEW and to have his last name spelled with an S instead of a Z based on a court-approved name change on 5 October 1965. His request was approved on 22 December 1965 and his records were corrected accordingly.
5. On 14 January 1966, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD reflects his name as corrected by the legal name change dated 5 October 1965.
6. On 29 July 1969, the applicant again received a legal name change in Dallas County, Texas which changed his first, middle, and last name.
7. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants records reflect the name in which he served under at the time he was REFRAD and his DD Form 214 correctly reflects that information. He subsequently changed his name after his REFRAD. Accordingly, there is no error or injustice in his case.
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 change his 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.
3. The applicant is advised that a copy of this decisional document along with his application 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 current name documented in his official records. Accordingly, there is no 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) AR20140009278
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009278
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100025418
The applicant enlisted in the Regular Army in Crossville, TN on 27 August 1962 for a period of 3 years and training as an armor crewman. A review of his official record shows the applicant signed all of the documents in his records as T-ead--y. The birth certificate provided by the applicant shows his last name spelled as T-ed--y. 7. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his...
ARMY | BCMR | CY2013 | 20130006947
The applicant requests correction of the last name and birth month shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his last name as "G------z" and his birth month as "March." _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2009 | 20090011959
IN THE CASE OF: BOARD DATE: 21 January 2010 DOCKET NUMBER: AR20090011959 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DD Form 214 issued at the time of his REFRAD shows his last name is spelled without an E as the fifth character between the letters L and Y. 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individuals last name contains the letter E as the fifth character between the letters...
ARMY | BCMR | CY2008 | 20080017362
IN THE CASE OF: BOARD DATE: 19 February 2009 DOCKET NUMBER: AR20080017362 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board for review. Therefore, it appears the spelling of his last name in Item 1 of his WD AGO Form 53-55, which used the letter "x" as the fourth character, was the result of an administrative error and should be corrected at this time.
ARMY | BCMR | CY2010 | 20100023859
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that his last name is spelled as HOPPER instead of HOOPER and that he be awarded the appropriate awards for his service in Vietnam and Southeast Asia. The applicant states, in effect, that his last name is incorrectly spelled on his DD Form 214 and his DD Form 214 does not reflect his service or awards for service in Vietnam or Southeast Asia. As a...
ARMY | BCMR | CY2009 | 20090015565
Application for correction of military records (with supporting documents provided, if any). At the time the applicant enlisted with parental consent on 12 January 1973, he spelled his last name as MICHALES and he served all of his military service with his name spelled that way and his signature reflected the same spelling. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name,...
ARMY | BCMR | CY2014 | 20140014704
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as "C-----N S-----O" instead of "C-----N-N-----Z." The evidence of record shows that upon his enlistment in the USAR on 24 June 1976, the applicant listed his last name as "C-----N N-----Z." ABCMR Record of Proceedings (cont) AR20140014704 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014704 2 ARMY BOARD FOR...
ARMY | BCMR | CY2014 | 20140020879
Application for correction of military records (with supporting documents provided, if any). His records also contain the following documents that list the spelling of his name as "Kelley" and an SSN where indicated: * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 1 July 1964, which does not list an SSN * DD Form 398 (Statement of Personal History), dated 30 August 1965, which lists his SSN as "XXX-X0-3XX4" * Special Orders Number 168, issued by Headquarters, 3rd...
ARMY | BCMR | CY2014 | 20140010118
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "HXmmXXX" instead of "HXmXXX." Item 1 (Last Name First Name Middle Name) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his last name as "HXmXXX" and he authenticated the form by signing his name, representing his last name as "HXmXXX." Sometimes he spelled his last name as "HXmXXX" and other times he spelled...
ARMY | BCMR | CY2014 | 20140009373
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez." His records contain the following documents showing his last name is spelled "Xxxxxguez": * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction), dated 10 December 1965 * Special Orders Number 113, dated 10 December 1965 * DA Form 41 (Record of Emergency Data), dated 25 August 1966 * DA Form...