IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001710
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 records to show his last name as "H_____g" instead of "W_y."
2. The applicant states:
* all of his life he was registered in school using his mother's married name
* when he enlisted in the Army he used the name "W_y" because he didn't know any other name
* after completing his tour of duty he tried to get a social security card and thats when he found out that his legal last name is "H_____g"
* he has since been using his legal last name
3. The applicant provides copies of his social security card and Delayed Certificate of Birth.
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 9 January 1986, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program under the last name of "W_y." On 21 February 1986, he enlisted in the Regular Army under the same last name and the same last name is shown on every document in his official record.
3. The applicant was honorably released from active duty on 5 July 1991. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his last name as "W_y."
4. The applicant provides copies of his social security card and his Delayed Certificate of Birth, which shows his last name as "H_____g."
5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The applicant's records properly show the last name he served under during his Army service.
3. 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 the applicant's desire to record his proper last name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the different last name shown in his military records and to satisfy his desire to have his proper information documented 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) AR20150001710
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ABCMR Record of Proceedings (cont) AR20150001710
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