IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150012649 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: 6 September 2016 DOCKET NUMBER: AR20150012649 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: DOCKET NUMBER: AR20150012649 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 reconsideration of his request for correction of his military service records to show his birth last name. 2. The applicant states that he was raised by his mother and stepfather (whose last name was D____). The recruiter reviewed his birth certificate; however, he entered the Army under his stepfather's last name. After he was discharged he moved from Alabama to Detroit, Michigan, where he applied for a social security card. At that time, he was informed that "officially" he would have to be recognized by the last name (M_G___) that appears on his birth certificate. He would like to have his last name in his military records corrected. He adds that he applied to the Army Board for Correction of Military Records (ABCMR) on 11 April 2001; however, he never received a response. 3. The applicant provides copies of his Certificate of Birth, DD Form 214 (Report of Separation from the Armed Forces of the United States), social security card, driver's license, and military and medical identification cards. 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 (and reconsideration within 1 year of the date of the decision for the original consideration of the case). This provision of law also allows the 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 (or within the policy guidance for reconsideration) 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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case, which was denied by the ABCMR in Docket Number AR2003093051 on 9 March 2004. 4. The applicant's DD Form 214 shows he was inducted on 18 April 1951. He served in Korea, was honorably released from active duty on 11 April 1953, and transferred to the Enlisted Reserve Corps. It also shows in: * item 1 (Last Name – First Name – Middle Name), his last name as D____ * item 48 (Signature of Person Being Separated), he placed his signature on the document using the last name D___ 5. Headquarters, Michigan Military District, Fort Wayne, Detroit, MI, letter, dated 16 November 1956, subject: Discharge Certificate – U.S. Army Reserve (USAR), shows the applicant was honorably discharged from the USAR. It also shows the applicant's last name as D____. 6. In support of his application the applicant provides: a. Certificate of Birth, State of Alabama – Bureau of Vital Statistics, State Board of Health, that shows J___ L. F____, Jr. (the applicant) was born in June 1930 to J___ L. F____ (father) and M___ L. M_G___ (mother). b. DD Form 2A (Armed Forces of the United States) identification card that shows his last name as D____. c. Social security card, driver's license, and Medicare and Blue Cross-Blue Shield health insurance cards that show his last name as M_G___. REFERENCES: Special Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. It shows for item 1, enter the last name, first name, and full middle name, if any. DISCUSSION: 1. The applicant contends that his request for correction of his military service records to show his birth last name should be reconsidered because he used his stepparent's last name during the period of his military service and he never received a response from the ABCMR to his previous request. 2. The applicant's birth certificate shows his father's name as J___ L. F____, his mother's name as M___ L. M_G___, and the name he was given at the time of his birth as J___ L. F____, Jr. 3. The evidence of record shows that upon being inducted into the U.S. Army, the applicant elected to use the last name of his stepparents (D____). The applicant's available military service records clearly show the last name (D____) and that he signed his DD Form 214 using that name. In addition, the applicant's last name (D____) was consistently recorded in his official military service records, including when he was discharged from the USAR. 4. The evidence of record shows, at some point subsequent to his discharge from the USAR, the applicant established his identity using the last name M_G___, the last name of his birth mother. 5. On 9 March 2004, the ABCMR denied the applicant's request for correction of the last name in his military service records. 6. 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 the applicant desires to now record his current 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. 7. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in his official military service records. 8. The applicant is advised that a copy of this decisional document, which confirms his birth name, will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his birth name, the name recorded in his military record, and the last name he currently prefers. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012649 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012649 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2