IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150014568 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: 4 October 2016 DOCKET NUMBER: AR20150014568 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: 4 October 2016 DOCKET NUMBER: AR20150014568 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 name was changed to Mxxxxxx, Michael Daniel instead of Kxxxxxx, Daniel Michael. 2. The applicant states his name was changed. 3. The applicant provides no additional documents. 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 was inducted into the Army of the United States on 26 November 1963. His DD Form 47 (Record of Induction) shows his name as Kxxxxxx, Daniel Michael. 3. His service record contains photocopies of a Selective Service System (SSS) Form Number 110 (Notice of Classification), SSS Form Number 2 (Registration Certificate), and two social security account number (SSAN) cards. These documents, with the exception of one SSAN card, show his name as Mxxxxxx, Michael Daniel. 4. His service record includes the following documents that show his name as Kxxxxxx, Daniel Michael: * DA Form 24 (Service Record) * DA Form 20 (Enlisted Qualification Record) * DA Form 41 (Record of Emergency Data) * Special Orders Number 232, dated 20 August 1965 5. The Army released him from active duty on 25 August 1965. His DD Form 214 shows his name as Kxxxxxx, Daniel Michael in item 1 (Last Name - First Name - Middle Name). 6. His service record contains a USAAC Form 171 (Army Reserve Status and Address Verification) dated 24 May 1968 that indicates his name was changed to Michael Daniel Michael and this can be verified by the Department of Naturalization and Immigration in Miami, FL. He indicated that his certificate of naturalization shows his name was changed by a decree of court. His service record does not include his certificate of naturalization or a court document. REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. It states that 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. The version in effect at the time states that the Soldier's last name, first name, and full middle name or names, if any, will be entered in item 1 of the DD Form 214. DISCUSSION: 1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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. 2. The applicant states that his name was changed. However, his Record of Induction reflects his name as listed on his DD Form 214. 3. Although the applicant's Notice of Classification and Registration Certificate both show his last, first and middle name as Michael, Daniel Michael, all of his service records contain documents showing that he served on active duty using the name shown on his DD Form 214. 4. The evidence of record does not include any court or other legal procedure that verifies his name was changed. His name was properly entered on his DD Form 214. 5. 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 regard to the difference in the name recorded in his military records and to satisfy his desire to have the current name documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014568 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014568 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2