IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080007112 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, in effect, correction to his last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, that when he was drafted his last name was changed for military purposes. He also states, in effect, that all his other records reflect the same last name that is shown on his Social Security Card, his Certificate of Naturalization, and his Passport. 3. In support of his application, the applicant provides copies of his Social Security Card, his Certificate of Naturalization, and his Passport. 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 military record shows that he was inducted into the Army of the United States on 17 March 1970, under the last name of Olme**. His DD Form 47 (Record of Induction) shows he was also known under the last name of Quij***. 3. The applicant was honorably released from active duty on 5 January 1972, in pay grade E-4, after completing 1 year, 9 months, and 13 days of active military service. He was transferred to the United States Army Reserve Control Group (Annual Training). The applicant placed his signature, using the last name Olme**, in Item 32 (Signature of Person Being Transferred or Discharged) to indicate that the information recorded on the form was correct/complete to the best of his knowledge. 4. The applicant was discharged from the United States Army Reserve on 1 March 1976. His discharge document shows the last name of Olme**. 5. The military documents that are on file in the applicant’s OMPF (Official Military Personnel File) show that the applicant served and was released from active duty under the last name of Olme** instead of the last name Quij***. There is no evidence in his service personnel records to show he applied for a legal name change of his last name, while he served on active duty or in the United States Army Reserve. 6. The applicant provides copies of his Social Security Card; his Certificate of Naturalization, dated 4 January 1973; and his Passport, dated 28 May 1997, all showing the last name of Quij***. 7. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created. DISCUSSION AND CONCLUSIONS: 1. The applicant was inducted into the Army of the United States on 17 March 1970, under the last name of Olme**, with the last name of Quij*** also annotated on his DD Form 47. In reviewing the record, the applicant appropriately served on, and was separated from active duty, under the last name of Olme**. There is no evidence that he attempted to change his last name while he was in the Army or the United States Army Reserve. 2. The documentation provided by the applicant shows his Certification of Naturalization under the last name of Quij*** was issued on 4 January 1973 and his passport using the last name of Quij*** was issued on 28 May 1997, after his release from active duty. There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if his last name is not changed as requested by him. 3. While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records. 4. The Army has an interest in maintaining the accuracy of its records for historical purposes. The data 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, the Board is reluctant to recommend that those records be changed. 5. A copy of this decisional document, along with his application and enclosures, will be filed in the applicant's Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different last names. 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) AR20080007112 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007112 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1