IN THE CASE OF:  
	  

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140019829 


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 his last name be changed from "Owens" to "Simon" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 1982. 

2.  The applicant states he wants his birth name on his record.

3.  The applicant provides:

* DD Form 214
* his 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.  The applicant's complete Military Personnel Records Jacket (MPRJ) was not available for review.  However, there are sufficient records available to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army on 16 January 1982. His enlistment documents are not available for review.

4.  Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ Orders 016-185, dated 16 January 1982, relieved him from active duty, not by reason of physical disability effective 16 January 1982.  He was assigned to U.S. Army Reserve (USAR) Control Group (Reinforcement).  His last name is shown on the orders as "Owens."

5.  His DD Form 214 with a separation date of 16 January 1982 shows his last name as "Owens."

6.  USAR Components Personnel and Administration Center, St. Louis, MO Orders C-03-105985, dated 24 March 1982, transferred him to the Virginia Army National Guard (VAARNG) effective 31 January 1982.  These orders show his last name as "Owens."

7.  He served in the VAARNG until his discharge on 28 November 1984.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his last name as "Owens."

8.  The Certificate of Birth he provided shows his last name as "Simon."

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  He contends his records should be changed to show his last name as "Simon" to match his birth certificate.

2.  His name would have been verified at the time of his initial enlistment in the Regular Army; however, there is no record available of what document was used to verify his name.  His enlistment contract would contain his name used at the time of his enlistment.  However, his enlistment documents are not available.  

3.  His orders for separation from the Regular Army, orders for transfer to the VAARNG, and NGB Form 22 all show his last name as "Owens."  The only justification for changing his name on his DD Form 214 would be if it was not consistent with his name shown on his initial enlistment documents.  The name shown on these documents would be his name used throughout his period of service.

4.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record his last name as shown on his birth certificate in his military record, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  The applicant is advised that a copy of this decisional document along with his application which confirm his last name, will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in his last name recorded in his military record and to satisfy his desire to have the correct last name documented in his AMHRR.

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)                                         AR20140019829



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ABCMR Record of Proceedings (cont)                                         AR20140019829



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