IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004670 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 reflect his last name as S____ instead of D____. 2. The applicant states: * his mother and step-father led him to believe that his last name was D____ * he found out that his birth name was S____ approximately 3 months after his discharge from the service * he is unable to receive retirement benefits because the last name on his discharge certificate is different from his actual last name 3. The applicant provides no additional evidence, although his application states he provided a copy of his birth certificate. 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 30 January 1970. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his last name to be D____. 3. His records contain a DA Form 20 (Enlisted Qualification Record) and a DA Form 873 (Certificate of Clearance and/or Security Determination). Both documents show his last name as D____. 4. On 20 April 1972, he was honorably released from active duty. His DD Form 214 shows his last name as D____. 5. His military records also contain a National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard), dated 20 July 1973, and Office of the Adjutant General, Reserve Components Personnel and Administration Center Letter Orders Number 12-1332342, dated 23 December 1975. Both documents list his last name as D____. 6. All active duty documents in his military records consistently show his last name as D____. The last name S____ is not recorded on any documents in his military records. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military 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 and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show his last name as S____ was carefully considered. 2. All active duty documents throughout his military records consistently reflect his last name as D____. The last name S____ is not recorded on any active duty documents in his military records. 3. For historical purposes, the Army has an interest in maintaining the integrity 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 he now desires to record his current name on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 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) AR20150004670 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004670 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1