IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20150000045
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 "W____" and that he obtained the rank of general (GEN)/O-11.
2. The applicant states his last name is "W____."
3. The applicant does not provide any supporting documentation.
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 26 April 2005, the applicant enlisted in the Regular Army. The DD Form 4 (Enlistment Contract Armed Forces of the United States) completed at that time shows his last name as "M_____."
3. On 7 April 2006, he was honorably discharged from active duty service in pay grade private (PVT)/E-1. The DD Form 214 he was issued at the time shows his last name as "M_____."
4. A review of his official military personnel file (OMPF) reflects his last name as "M____" throughout his record. There are no documents in his OMPF that show "W____" as his last name. He also signed multiple documents with his last name as "M____."
5. There is nothing in the applicant's record to show he was appointed as an officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he enlisted and served using the last name "M____" and was discharged in the rank of PVT/E-1. There is no evidence indicating he held a higher grade.
2. In the absence of compelling information to the contrary, there is an insufficient basis for changing his records to show the last name he now uses. The evidence of record shows he served on active duty under the same last name he provided upon his enlistment.
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 he desires to record the last name he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record.
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) AR20140017967
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ABCMR Record of Proceedings (cont) AR20150000045
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