IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150019082 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: 2 May 2017 DOCKET NUMBER: AR20150019082 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: 2 May 2017 DOCKET NUMBER: AR20150019082 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 256A (Honorable Discharge Certificate) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), to show his name as "Thomas Kxxxxxxxx Gxxxxx" instead of "Karl Hxxxx Gxxxxx." 2. The applicant states his name was changed during his naturalization process. 3. The applicant provides: * a letter from the U.S. Department of Justice, Immigration and Naturalization Service, dated 29 October 1963 * his Honorable Discharge Certificate, dated 31 July 1967 * a Certificate of Naturalization, issued by the Department of Justice on 8 February 1971 * a photocopy of his State of Florida Driver License and U.S. Passport 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 14 August 1961. His DD Form 47 (Record of Induction) shows his name spelled as (first name, middle name, last name) "Karl Hxxxx Gxxxxx." 3. The applicant's record contains the following documents that show his complete name spelled as "Karl Hxxxx Gxxxxx." He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes his complete name spelled as "Karl Hxxxx Gxxxxx." * DD Form 398 (Statement of Personal History), dated 18 December 1961 * DA Form 41 (Record of Emergency Data), dated 21 January 1963 * Letter Order USAR, subject: U.S. Army Reserve Assignment or Transfer, dated 26 August 1966 4. The applicant's record does not contain any documents that show his complete name as "Thomas Kxxxxxxxx Gxxxxx" per his request. 5. The applicant was honorably released from active duty on 13 August 1963. His DD Form 214 shows his name as "Gxxxxx, Karl Hxxxx" and his signature appears as "Karl Hxxxx Gxxxxx." 6. The applicant provides: a. A letter from the U.S. Department of Justice, Immigration and Naturalization Service, dated 29 October 1963, which informed him he was issued a "Declaration of Intention of Intention No. XXXXXX" on 29 October 1963 by the U.S. District Court, Southern District of New York at New York, NY. b. His DD Form 256A, which shows he was honorably discharged from the Army of the United States on 31 July 1967. His name on the form is shown as "Karl Hxxxx Gxxxxx." c. A "Certificate of Naturalization" from the U.S. Department of Justice, which shows he was granted citizenship via naturalization from the District Court of New York City on 8 February 1971, under the name "Thomas Kxxxxxxxx Gxxxxx" as granted by decree of the court as part of his naturalization process. d. A copy of his State of Florida Driver License and U.S. Passport, which list his complete name as "Thomas Kxxxxxxxx Gxxxxx." REFERENCES: 1. A Declaration of Intention is the act of an alien, who goes before a court of record, and in a formal manner declares that it is, bona fide, his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whereof he/she may at the time be a citizen or subject. This declaration must, in usual cases, be made at least three years before his/her admission. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, 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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate. DISCUSSION: 1. The applicant used the name "Karl Hxxxx Gxxxxx" consistently throughout his military service. This was the name he used when he was discharged from military service. There is no evidence he served under the name "Thomas Kxxxxxxxx Gxxxxx" during his period of active duty service from 14 August 1961 through 13 August 1963. 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. 3. The applicant provides evidence of a name change by a decree of court as a result of his naturalization process; however, it occurred after his separation from military service. 4. The applicant is advised that a copy of this decisional document which confirms his complete name as shown on his Certificate of Naturalization 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 to satisfy his desire to have his name change documented in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019082 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019082 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2