RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 November 2007 DOCKET NUMBER: AR20070009359 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Eric N. Anderson Chairperson Mr. Donald L. Lewy Member Ms. Rea M. Nuppenau Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show his last name as "M******e" instead of "T****s." 2. The applicant states that he was legally adopted by his father. 3. The applicant provides a copy of the Final Decree of Adoption, dated 14 September 2000, in support of his application. 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's records show that he enlisted in the Regular Army under his last name "T****s" on 6 May 1961. He later had a series of extensions and/or reenlistments, all under this same last name. The applicant's records further show that he was honorably retired on 31 March 1994 in accordance with Army Regulation 635-200 (Personnel Separations). The DD Form 214 the applicant was issued at the time of his retirement shows that he was identified as "T****s" and that he authenticated the form using the signature "T****s." 3. On 14 September 2000, the State of Montana Tenth Judicial District Court approved the applicant's father's petition to adopt the applicant and ordered the appropriate agency in the State of Oregon, where the applicant was born, to correct the applicant's birth certificate to reflect his new legal name as "M******e." 4. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component. It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file. 5. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that 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. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his military records be corrected to show his last name as "M******e" instead of "T****s." 2. Evidence of record shows that the applicant enlisted and served under the same last name “T****s” throughout his entire military career. Therefore, the Army records are consistent with the applicant's name at that time. 3. The Army has an interest in maintaining the accuracy 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 compelling information to the contrary, there is no basis for changing the records in this case. 4. A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different names, and adequately document his last name in his record. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ena___ __dll___ __rmn___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Eric N. Anderson ______________________ CHAIRPERSON INDEX CASE ID AR20070009359 SUFFIX RECON DATE BOARDED 20071120 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (DENY) REVIEW AUTHORITY ISSUES 1. 100.0000 2. 3. 4. 5. 6.