IN THE CASE OF: BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004956 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his last name as O*******e instead of M******a. 2. The applicant states, in effect, that he joined the military under his grandfather's last name. He states that he had his last name changed in 2004 and he wants all of his legal documents to correspond with his current last name of O*******e. 3. The applicant provides a DD Form 214 and a court order changing his name in support of this 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 he enlisted in the Regular Army on 24 February 1987 and served as a Power Generation Equipment Repairer until he was honorably released from active duty on 23 February 1990. 3. The applicant's enlistment contract is not available; however, his DA Form 2-1 (Personnel Qualification Record) shows his last name as M******a. 4. The applicant's active duty separation orders show his last name as M******a. 5. Block 1 (Name) of the applicant's DD Form 214 also shows his last name as M******a. 6. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states 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 DD Form 214 be corrected to show his last name as O*******e instead of M******a. 2. Evidence of record shows the applicant served under the last name of M******a throughout his entire military career. He states he did not change his last name until 2004, 14 years after he separated from active duty. 3. For historical purposes, the Army has an interest in maintaining the accuracy 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, the applicant has failed to establish a sufficient reason for changing his last name on his military records. 4. While the applicant's desire to have the records changed is understandable, he has provided no basis for compromising the integrity of the Army's records. This Board action will be filed in the applicant’s military records; therefore, a record of his name change will be on hand. 5. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X___ _____X___ 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. _______ _ _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. ABCMR Record of Proceedings (cont) AR20090004956 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004956 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1