IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008677 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 his last name as "McGill" instead of "Reneau." 2. The applicant states the name "McGill" is his birth name. He is using this name now. The name shown on his DD Form 214 was his adopted name. He needs help changing the DD Form 214 to the last name of "McGill" so he can receive veteran’s benefits. 3. The applicant provides: * DD Form 214 * Copy of passport * Hospital birth record * State birth certificate * Petition for a name change, dated 19 June 1962 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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his full name as "R---- W----- Reneau." He further used the remarks block on this form to indicate: "Changed name legally in King County Court, Seattle, Washington, June 19, 1962, using mother's married name, changed from McGill to Reneau." 3. He enlisted in the RA on 27 December 1963. Item 1 (Last Name - First Name - Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his full name as "R---- W----- Reneau." He signed his enlistment contract using this same name. 4. His DA Form 20 (Enlisted Qualification Record) was created upon his entry on active duty. This document listed his name as "R---- W----- Reneau." Furthermore, several other documents in his service record listed his name as "R---- W----- Reneau" including a: * DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 23 December 1963 * Standard Form 88 (Report of Medical Examination), dated 24 December 1963 * Standard Form 89 (Report of Medical History), dated 24 December 1963 * DA Form 428 (Application for Identification Card) * separation orders 5. He was honorably released from active duty on 19 December 1966. Item 1 (Last name, First name, Middle name) of his DD Form 214 listed his last name as "Reneau." He signed this form using his full name and with this last name. 6. He submitted: * Hospital birth certificate, dated 24 March 1946, listing the name as "R---- W----- McGill" * State birth certificate also listing the name of the individual born on the same date as "R---- W----- McGill" * Copy of a passport with the name "R---- W----- McGill" * Court order, dated 19 June 1962, approving a name change from McGill to "Reneau" (the last name of his now-married mother) 7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant used the last name "Reneau" upon his enlistment in the RA. This last name is consistent with the last name on all official military records throughout his entire military service. He authenticated several forms that contain this name. He never used the name that he currently uses at any time during his military service. 2. 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 the applicant desires to now record his current last name 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. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service record, including the DD Form 214, were correct at the time. There is an insufficient evidentiary basis for granting the applicant's requested relief. 4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regards to the difference in the last name recorded in his military record and to satisfy his desire to have his current last name documented in his OMPF. 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) AR20150008677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008677 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1