IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140013015
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct last name.
2. The applicant states his DD Form 214 should be corrected to show his last name as PxxxxxTxxxxx-Gxxxxx instead of Pxxxxx-Gxxxxx.
3. The applicant provides:
* DD Form 214
* 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 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. On 20 June 1966, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) list the last name that he now claims is incorrect.
3. The DD Form 398 (Statement of Personal History) prepared during the applicants induction processing and the DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty both list the last name he claims is incorrect. All documents contained in his Official Military Personnel File (OMPF) list the same last name he now claims is incorrect.
4. The applicant was honorably released from active duty in the rank of specialist four/E-4 on 13 June 1968. The DD Form 214 issued him at that time lists his last name as "Pxxxxx-Gxxxxx" and he authenticated this document by signing that same name.
5. He provides a Certificate of Birth Record that lists the name he now claims is correct as PxxxxxTxxxxx-Gxxxxx.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his last name is incorrectly listed throughout his military record. However, the evidence of record shows he was inducted into the Army of the United States and performed his entire military service under the last name he now claims is incorrect and he authenticated all documents requiring a signature with the same last name.
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 he now desires to record the name shown on his birth certificate and social security card 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. He is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the names recorded in his military records and to satisfy his desire to have his true name documented in his OMPF.
4. In view of the foregoing, his 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) AR20140013015
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ABCMR Record of Proceedings (cont) AR20140013015
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