IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019807
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by changing his last name to "Sampson."
2. The applicant states that his birth certificate shows his last name as "Sampson." He states that when he was 3 years of age, his mother divorced his father and remarried. He always believed his mother's second husband had adopted him which proved to be in error. He is now trying to correct all legal documents, to include his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Certificate of Birth, State of Washington
* Court Petition requesting correction of marriage license
* Certificate of Marriage
* Social Security Card
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 20 November 1970, the applicant enlisted in the Regular Army using "Weaver" as his last name.
3. A review of the applicant's military records revealed that every document contained therein requiring an entry of his last name and/or his signature, showed such to be "Weaver."
4. On 22 August 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 for this period of active service shows his last name as "Weaver."
5. The Washington State birth certificate provided by the applicant shows his last name as "Sampson." The date this document was issued is not available. All of the other documents provided by the applicant also show his last name as "Sampson" and appear to have been the result of actions taken after his release from the Army.
6. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The
DD Form 214 is not intended to have any legal effect on the termination of a Soldier's service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected by changing his last name to "Sampson."
2. The available evidence clearly shows the applicant consistently used "Weaver" as his last name while in the military service. Furthermore, he has not provided any documentary evidence showing that he used a last name other than "Weaver."
3. 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.
4. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record.
5. 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140019807
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130000773
The applicant requests correction of his military records to show the last name he currently uses of Hxxx. The military documents on file in his military records show the last name he served under during his period of active duty. There is no evidence in his service personnel records to show he legally changed his last name while serving on active duty.
ARMY | BCMR | CY2009 | 20090017042
Application for correction of military records (with supporting documents provided, if any). _______ _ _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) AR20090017042 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090017042 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2010 | 20100010500
A review of the FSM's official military records shows his last name is spelled the same on every document contained therein as it is spelled on his DD Form 47. His official records show he served in the Army spelling and signing his name with an "e" as the fourth letter in his last name and there is no evidence that shows he ever made an attempt to change the spelling while he was in the Army or after his release. The applicant is advised that a copy of the decisional document, along with...
ARMY | BCMR | CY2009 | 20090015417
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of the last name shown in his Army military records and on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's military record shows that he was inducted into the Army of the United States on 4 March 1969.
ARMY | BCMR | CY2010 | 20100015584
The birth certificate provided by the applicant shows the same biological parents he listed on his DD Form 398 and shows he was named T_____ J_____ H_____. The evidence of record shows the applicant was inducted under the name T_____ H_____ R_____ and that the name was used consistently in his military records. ABCMR Record of Proceedings (cont) AR20100015584 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015584 2 ARMY...
ARMY | BCMR | CY2014 | 20140008274
The applicant requests correction of his DD Form 214 (Certificate of Release from Active Duty) to show his last name as "S_____T" instead of "S_____D." 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. Item 1 (Name Last, First, Middle) of the applicant's DD Form 4...
ARMY | BCMR | CY2010 | 20100015365
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available for the Board to review. The evidence of record shows the applicant served under the last name D_____.
ARMY | BCMR | CY2010 | 20100012737
Application for correction of military records (with supporting documents provided, if any). These documents show his last name as "Fxxd." The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2008 | 20080009554
Application for correction of military records (with supporting documents provided, if any). All of the documents in the applicant's military records bear the last name of Jones, and all documents signed by him contained the last name of Jones. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms that his current birth last name is Carter, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2012 | 20120007875
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the spelling of his last name as "__eu___" instead of "__ue___." He also requests his birthplace and home address be changed to show Gorham, IL instead of Gorhan, IL.