IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140016633
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 last name as "B__my__."
2. The applicant states his last name was misspelled on his DD Form 214 because it was misspelled when he entered the military.
3. The applicant provides copy of his drivers license and a letter from the National Personnel Records Center.
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 Regular Army on 28 February 1961. The DD Form 4 (Enlistment Record Armed Forces of the United States) completed at that time shows his last name as "B___me__."
3. On 30 March 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his last name as "B___me__."
4. Letter orders, issued by the Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 31 January 1967, shows he was discharged from the USAR on 31 January 1967. The discharge order shows his last name as "B___me__."
5. His records are void of documentation showing he served in the Army under any last name other than "B___me__."
6. He provides a copy of his drivers license which shows his last name as "B__my __."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he enlisted, served, and was transferred to the USAR under the last name "B___me__."
2. His discharge order from the USAR shows his last name as "B___me__." There is no evidence nor does he provide any to show he requested to have his name changed to his current name prior to his discharge from the USAR.
3. 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 that the applicant desires to record his legal name on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214 at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the name recorded in his military records and the name he now uses.
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) AR20140016633
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ABCMR Record of Proceedings (cont) AR20140016633
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