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ARMY | BCMR | CY2015 | 20150004288
Original file (20150004288.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150004288 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Mxxxxam" instead of "Mxxxxum."

2.  The applicant states her last name is spelled incorrectly on her DD Form 214.

3.  The applicant provides a copy of her DD Form 214, birth certificate, and social security card.  

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 record contain copies of her Certificate of Baptism and social security card.
* her Certificate of Baptism shows her last name as "Mxxxxam"
* her social security card shows her last name as "Mxxxxum" 

3.  Her record contains her high school diploma, which shows her last name as "Mxxxxum."

4.  She enlisted in the Army National Guard on 19 September 1991.  Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her last name as "Mxxxxum."  Additionally, when she affixed her signature to this form she signed her last name as "Mxxxxum."

5.  All of military service records show her last name spelled as "Mxxxxum."  Additionally, all of the following forms show she affixed her signature indicating the data therein was correct and spelled her own last name as "Mxxxxum:  

* Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), dated 19 September 1991
* DA Form 428 (Application for Identification Card), dated 27 October 1991
* DA Form 2-1 (Personnel Qualification Record – Part II), dated 3 March 1992

6.  Her record contains a DD Form 214 covering her period of active duty from 
28 February 1992 to 15 October 1992, and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), which shows she was discharged from the ARNG on 16 October 1992.  Both forms show her last name as "Mxxxxum."

7.  She provided a copy of her birth certificate and a current social security card, which show her last name spelled as "Mxxxxam."

8.  Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed her last name as "Mxxxxum" upon her enlistment in the ARNG.  She did not request a name change or use the requested last name at any point during her period of military service.  If fact, she signed all of the official documents in her record with the name "Mxxxxum."

2.  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.  The evidence does not show a material error or injustice occurred.  Without the presence of such an error there is a reluctance to recommend that those records be changed.  However, it is understandable that she now desires to record her last name as "Mxxxxam" on her DD Form 214.  A copy of this decisional document will be filed in the applicant's Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the last name recorded in her 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)                                         AR20150004288





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ABCMR Record of Proceedings (cont)                                         AR20150004288



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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