IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150003074
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 "WXXXXN" instead of "WXXXXM."
2. The applicant states the last name shown on documents in his records does not match the last name shown on his birth certificate.
3. The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) and a copy of his State of North Carolina Certificate of Live 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. The applicant enlisted in the Regular Army on 31 October 1973.
3. His records contain the following documents that show his last name spelled as "WXXXXM." He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes his last name spelled as "WXXXXM."
* DD Forms 4 (Enlistment Contract Armed Forces of the United States), dated 31 October 1973
* VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated
2 November 1973
* DA Form 2627 (Record of Proceedings under Article 15, UCMJ), dated
5 August 1975
4. His records do not contain any documents that show his last name as "WXXXXN."
5. He was honorably discharged on 21 October 1975. His DD Form 214 shows his last name as "WXXXXM." He signed this document using the spelling "WXXXXM."
6. He provided a copy of his birth certificate from the State of North Carolina, which shows his last name as "WXXXXN."
7. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Forms 4 and all other documents throughout his service, including all of the documents he signed, reflect the spelling of his last name as "WXXXXM."
2. It appears that the last name "WXXXXM" was recorded as his correct name or as the name he preferred to use upon his initial enlistment. It further appears he did not use the requested name at any time during his period of military service, as it does not appear on any documents contained within his records. Therefore, there is no error in his military records to correct.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's last name in this case.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, which confirms the last name shown on his birth certificate will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his birth name documented in his military records.
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) AR20130005644
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ABCMR Record of Proceedings (cont) AR20150003074
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