BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160016816 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 BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160016816 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. BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160016816 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 her military records to show her first and last names as D _ _ _a B_ n _ _d instead of D _ _ _ _h B _r _ _ _d. 2. The applicant states her mother's last name was B _r _ _ _d and her father's last name is spelled B_ n _ _d. She contends she did not have a birth certificate at the time of entry and she did not know that her name was being misspelled until 2012, when all U.S. citizens where ordered to obtain a new birth certificate with a new seal. 3. The applicant provides copies of her Department of Veterans Affairs (VA) identification (ID) card, social security card, and driver's license. 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 completed a DD Form 398 (Statement of Personal History) on 24 July 1974, wherein she listed the first and last names she states are incorrect. 3. The applicant enlisted in the Regular Army on 8 August 1974. Her DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the first and last names she states are incorrect. 4. A review of the applicant's military record reveals she served under the first and last names D _ _ _ _ h B _r _ _ _d throughout the entire period of her active duty service. There is no evidence that shows she listed her first and last name as D _ _ _a B_ n _ _d. 5. The applicant was discharged on 5 August 1977. Her DD Form 214 (Report of Separation from Active Duty) shows the first and last names she states are incorrect. 6. The applicant provides copies of her VA ID card, social security card, and driver's license. Her VA ID card is the only document that show her first and last names as D _ _ _a B_ n _ _d (the first and last names she states are correct). REFERENCES: Army Regulation 635-5 (Separations Documents), in effect during 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 evidence of record shows the applicant served under the first and last names D _ _ _ _h B _r _ _ _d throughout the entire period of her active service. 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 is advised that a copy of this decisional document will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the first and last names recorded in her military records and her actual first and last names. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016816 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016816 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2