BOARD DATE:	    8 December 2015

		DOCKET NUMBER:  AR20150005335 


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 (Certificate of Release or Discharge from Active Duty) to show his last name as S _ _ _ _ instead or 
O _ _ _ _.

2.  The applicant states he enlisted under the last name O _ _ _ _, which was not his legal last name.  He contends that he grew up using the last name O _ _ _ _ but his last name was never legally changed.  He does not know why his recruiter allowed him to enlist under the last name O _ _ _ _.

3.  The applicant provides no additional evidence.

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 indicated in his application that he was providing copies of his social security card and birth certificate in support of his request; however, these documents were not include with his application as attachments.  

3.  The applicant enlisted in the Regular Army on 20 September 1988.  His 
DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his last name as O _ _ _ _ _.

4.  A review of his military record reveals he served under the last name 
O _ _ _ _ throughout the entire period of is active duty service.

5.  There is no evidence in his records showing he ever listed his last name as 
S _ _ _ _.

6.  He was released from active duty on 19 December 1991.  His DD Form 214 shows his last name as O _ _ _ _.

7.  Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served under the last name of O _ _ _ _ throughout the entire period of his active service.

2.  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 his desire to now record the last name he claims is correct on his DD Form 214 is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his DD Form 214.

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)                                         AR20150005335



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ABCMR Record of Proceedings (cont)                                         AR20150005335



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