IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015448
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 (Report of Separation from Active Duty) to show his last name as "M_____E" instead of
"M______N."
2. The applicant states he used his stepfather's last name which he did not know was not his legal name.
3. The applicant provides:
* DD Form 214
* Certified Transcript of Birth
* Holy Sacrament of Baptism
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 (RA) on 5 July 1977. Item 1 (Last Name - First Name - Middle Name) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) lists his last name as
"M______N."
3. The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's last name as "M______N." Many of these forms are authenticated by the applicant using this name.
4. The applicant was honorably discharged on 3 August 1977. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows the applicant's last name as "M______N."
5. The applicant provides a certified transcript of birth from the State of New York, Department of Health which shows his last name as "M_____E."
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 service. 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 evidence of record shows that upon his enlistment in the RA on 5 July 1977, the applicant listed his last name as "M______N." This name is consistent with the last name on every document in the applicant's service records.
2. 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. The applicant provides insufficient evidence to support his contention. In the absence of compelling information to the contrary, there is no basis for changing the applicant's last name in this case.
3. 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) AR20140015448
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140015448
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017469
The evidence of record shows the applicant enlisted in the RA using the middle name spelled "Lewxx." _______ _ __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) AR20110017469 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017469 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2011 | 20110013589
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1994 to show his date of birth as 28 June 1948 and the spelling of his middle name as "Ernest." His enlistment record and service personnel records show his middle name spelled as "Earnest." ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
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 | CY2011 | 20110003065
Item 1 (Last, First, Middle) of his DD Form 214 shows his first name is spelled as "Mxxlxx." _________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) AR20110003065 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003065 4 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2014 | 20140017704
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and, in effect, all other records to show his middle and last names as "R--N W---H" instead of "B---N W---E." 2. The applicant's records contain various personnel documents that show the applicant's middle and last names as "B---N W---E." Many of these forms are authenticated by the applicant using this name. The evidence of record shows that upon his enlistment in the RA on 23 July...
ARMY | BCMR | CY2013 | 20130008437
The applicant requests correction of his DD Forms 214 (Enlisted Record and Report of Separation) to show the correct spelling of his name is XXXXicio instead of XXXXico. The applicant provides: * Certificate of Birth * DD Forms 214, dated 6 April 1949 and 20 June 1952 CONSIDERATION OF EVIDENCE: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.
ARMY | BCMR | CY2011 | 20110009511
The applicant provides a Certified Transcript of Birth, dated 31 March 2011. It is evident that his last name is spelled "M---ay" in his military records and that item 1 (Last Name First Name Middle Name) of his DD Form 214 was administratively mistyped with his last name as "M---y." ___________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.
ARMY | BCMR | CY2011 | 20110021533
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * spelling of his middle name as "Matthew" * the last four digits of his social security number (SSN) as "0795" * his date of birth as 29 Nxxxxxxx xxxx 2. The applicant's military record shows he served in the Army 3 years with the spelling of his middle name and the last four digits of the SSN that are listed on his DD Form 214. There is no evidence that shows he...
ARMY | BCMR | CY2013 | 20130009916
ARMY | BCMR | CY2014 | 20140020705
His RA DD Form 4 also listed his middle name as "Nycola." The evidence of record shows the applicant used the middle name "Nycola" upon his enlistment in the DEP and the RA. ____________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.