BOARD DATE:	 8 April 2014 

		DOCKET NUMBER:  AR20130012218 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his last name as "Guen____" instead of "Gun____."

2.  The applicant states his last name was misspelled on his birth certificate.  He states he had all of his personal records corrected before he got married.

3.  The applicant provides copies of his Michigan Department of Health Certificate of Live Birth, Michigan driver's license, social security card, and DD Form 214.

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 10 May 1966, the applicant was inducted into the Army of the United States.

3.  On 25 March 1968, he was honorably released from active duty.  His DD Form 214 shows his last name spelled as "Gun____."

4.  All documents in his records bearing his name show his last name spelled as "Gun____."

5.  He provided copies of his Michigan Department of Health Certificate of Live Birth, Michigan driver's license, and social security card which show his last name spelled as "Guen____."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military service records show he served exclusively under the spelling of his last name as "Gun____."

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.  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 the spelling of his last name as shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document will be filed in his military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the spelling of his last name recorded in his military records and the spelling of his last name shown on his birth certificate.

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 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)                                         AR20130012218



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ABCMR Record of Proceedings (cont)                                         AR20130012218



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