IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150010768 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150010768 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. IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150010768 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 G_____ vice D_____. 2. The applicant states, in effect, that the military made a mistake on his records and he found out the error when he got his birth certificate. 3. The applicant provides a copy of his social security card with the name J____ A_-M____ G______. 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 25 July 1991, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his last name as D____. 3. On 5 October 1995, he was discharged from active duty with an under other than honorable conditions discharge. His last name was shown as D____. 4. His official military personnel file does not contain any documents showing his last name as G_____. 5. The applicant provided a copy of his social security card, dated 18 January 2008, which shows his last name as G_____. REFERENCES: 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: 1. The applicant's request for correction of his DD Form 214 to show his last name as G_____ instead of D____ was carefully considered. 2. The applicant's DD Form 4 and all other documents throughout his military service, including documents he signed, reflect his last name as D____. It appears he changed his last name at some point after his period of military service to G____ based on the evidence he provided, specifically, his social security card. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a 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 a different spelling of his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this time. 4. The applicant is advised that a copy of this Record of Proceedings will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name shown on the social security card he provided. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010768 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2