IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000929 


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 the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 May 1991 to show his last name as Z__on vice Z__o.

2.  The applicant states his formal last name is Z__on, yet his DD Form 214 reflects his name misspelled as Z__o.

3.  The applicant provides his DD Form 214 for the period ending 16 May 1991 and 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 enlisted in the Regular Army (RA) on 29 September 1975.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 29 September 1975, shows his last name as Z__o.

3.  He was honorably released from active duty on 20 September 1978 and he was transferred to the U.S. Army Reserve (USAR).  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows his last name as Z__o.

4.  On 21 July 1979, he enlisted in the Louisiana Army National Guard (LAARNG).  His record contains numerous orders, personnel, medical, and legal documents, that all show his last name as Z__o.  He authenticated many of these forms by placing his signature in the appropriate block using the last name of Z__o. 

5.  On 30 November 1990, he entered active duty as a member of the LAARNG in support of Operation Desert Shield/Desert Storm.  He was honorably released from active duty on 16 May 1991 to the control of the LAARNG.  Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued for this period of service shows his last name as Z__o.  He authenticated this form by placing his signature in the appropriate block of the DD Form 214 using the last name of Z__o. 

6.  He continued to service in the LAARNG throughout several reenlistments and/or extensions using the last name of Z__o.  

7.  Orders 111-021, dated 20 April 2000, issued by the LAARNG, discharged him from the ARNG effective 30 June 2000 and assigned him to the Retired Reserve on 1 July 2000.  These orders show his last name as Z__o.  

8.  Item 1 (Last Name, First Name, Middle Name) of the National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued shows his last name as Z__o.  

9.  The applicant provides a State of Louisiana Certificate of Live Birth, issued on 1 April 2005, wherein it shows his last name as Z__on.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214.  It stated 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 confirms when the applicant enlisted in the RA in 1975 and in the ARNG in 1979 he listed his last name as Z__o.  This is the last name he used throughout his military service until he was discharged from the ARNG in June 2000 and transferred to the Retired Reserve.

2.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty.  There are no provisions in the governing regulation to change the name on a DD Form 214 to reflect a name acquired after the Soldier's release from active duty.  His DD Form 214 correctly shows his last name as Z__o, the name he held at the time he was released from active duty.  Therefore, there is no basis to grant him the requested relief.

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 now desires to record a different last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  The applicant is advised that a copy of this decisional document will be filed in his official record.  This should serve to clarify any questions or confusion in regard to the difference in the last name he now holds and 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)                                         AR20150000929



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ABCMR Record of Proceedings (cont)                                         AR20150000929



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