IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011804
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 or Discharge from Active Duty) by showing the last name that is listed on his birth certificate.
2. The applicant states the last name shown on his DD Form 214 is not his birth name or his legal name.
3. The applicant provided copies of the following documents, each showing the last name he now claims to be his correct last name:
* California Driver license
* Social Security Card
* Department of Veterans Affairs Card
* Certificate of Live Birth with a certification statement
* Hospital Birth Certificate
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. On 9 July 1980, the applicant enlisted in the U.S. Army Reserve (USAR) for
6 years using a last name different from that shown on the documents he now provides. On 27 August 1980, he enlisted in the Regular Army for 3 years using the same name as he did when enlisting in the USAR.
3. A review of the applicants Official Military Personnel File (OMPF) shows that every document in his record lists the same last name he used when enlisting. His signature consistently agrees with the last name he used throughout his military service.
4. The applicants DD Form 214 shows he was discharged from active duty on
17 August 1982. His last name is listed on this form as it is listed on all documents contained in his OMPF. The signature on this document shows the same last name that he used throughout his military service.
5. Army Regulation 635-5 (Separation Documents) as in effect at the time provided detailed instructions for completing separation documents, including the DD Form 214, which is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty 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 corrected by showing the last name that is listed on his birth certificate because the last name shown on his DD Form 214 is not his birth name or his legal name.
2. The available evidence clearly shows the applicant consistently used the same last name listed on his DD Form 214 during his entire period of military service. His signature consistently shows he used this last name.
3. The applicant's argument that the last name recorded in his military record is not his birth name or legal name is noted. However, it is the name he used throughout his military service.
4. For historical purposes the Army has an interest in maintaining the integrity of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
5. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current last name and the last name recorded in his military record, and satisfy his desire to have his current last name documented in his record.
6. In view of the foregoing, the applicant's request should be denied.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140011804
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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