OARD DAT: 4 May 2010 DOCKT NUMR: AR20090018073 TH OARD CONSIDRD TH FOLLOWING VIDNC: 1. Alication for corrction of military rcords (with suorting documnts rovidd, if any). 2. Military rsonnl Rcords and advisory oinions (if any). TH ALICANT'S RQUST, STATMNT, AND VIDNC: 1. Th alicant rqusts his nam changd to rad ----n, --- L- instad of ------s, ---r on his DD Form 214 (Armd Forcs of th Unitd Stats Rort of Transfr or Discharg). H also rqusts his nam changd to rad ---- L- ---n on his discharg crtificats and Silvr Star citation instad of ---r ------s. 2. Th alicant stats h attmtd to corrct this rror in Stmr 1965 ut was unal to do so. 3. Th alicant rovids cois of his DD Form 214 for th riod nding 10 Dcmr 1969; a lttr to him from th Offic of th Adjutant Gnral and th Adjutant Gnral Cntr, Washington, DC, datd 28 Jun 1977; a Crtificat of Liv irth, datd 15 March 1946; his ordrs for th award of th Silvr Star, datd 26 August 1966; his Gnral Discharg Crtificat, datd 10 Dcmr 1969; his Honoral Discharg Crtificat, datd 28 Novmr 1966; his social scurity card, datd 3 March 2009; and his Arkansas Commrcial Drivrs Licns issud on 19 Fruary 2008. CONSIDRATION OF VIDNC: 1. Titl 10, U.S. Cod, sction 1552(), rovids that alications for corrction of military rcords must fild within 3 yars aftr discovry of th allgd rror or injustic. This rovision of law also allows th Army oard for Corrction of Military Rcords (ACMR) to xcus an alicant’s failur to timly fil within th 3-yar statut of limitations if th ACMR dtrmins it would in th intrst of justic to do so. Whil it aars th alicant did not fil within th tim fram rovidd in th statut of limitations, th ACMR has lctd to conduct a sustantiv rviw of this cas and, only to th xtnt rlif, if any, is grantd, has dtrmind it is in th intrst of justic to xcus th alicant’s failur to timly fil. In all othr rscts, thr ar insufficint ass to waiv th statut of limitations for timly filing. 2. Th alicant's military rsonnl rcords show h nlistd in th Rgular Army on 5 August 1965 for a riod of 3 yars. H immdiatly rnlistd on 29 Novmr 1966 for a riod of 6 yars. 3. Th alicant's DD Form 4 (nlistmnt Rcord - Armd Forcs of th Unitd Stats) for his nlistmnt on 5 August 1965 shows h nlistd using th nam ------s, ---r. H signd this documnt as ---r ------s. 4. Th alicant's DD Form 214 for th riod nding 28 Novmr 1966 shows his nam as ------s, ---r. H signd this documnt as ---r ------s. 5. Th alicant's DD Form 4 for his immdiat rnlistmnt on 29 Novmr 1966 shows h rnlistd using th nam ------s, ---r. H signd this documnt as ---r ------s. 6. A DD Form 98 (Armd Forcs Scurity Qustionnair), datd 11 January 1969, idntifis th alicant as ---r ------s. It also indicats his alias nam as --- ---n. H signd this documnt as ---r ------s. 7. A DD Form 398 (Statmnt of rsonal History), datd 11 January 1969, idntifis th alicant as ---r ------s. It also indicats his alias nam or changd nam as --- ---n. H signd this documnt as ---r ------s. 8. On 10 Dcmr 1969, th alicant was dischargd from th Army. His DD Form 214 for this riod of srvic shows his nam as ------s, ---r. This DD Form 214 also shows his SSN as xxx-xx-7507. 9. Th Crtificat of Liv irth sumittd y th alicant, which h claims is his irth crtificat, shows th child's nam as --- L- ---n. Th social scurity card h sumittd shows th SSN ***-**-7507 and th nam --- L- ---. 10. Th alicant's discharg crtificats and his citation for th award of th Silvr Star idntify him as ---r ------s. 11. A rviw of th alicant's ntir Official Military rsonnl Fil (OMF) rvald th alicant was idntifid as ---r ------s throughout his ntir riod of srvic. This rviw also rvald that any tim th signd his nam h signd as ---r ------s. DISCUSSION AND CONCLUSIONS: 1. Th alicant contnds his nam should changd to rad ---n, --- L-. instad of ------s, ---r on his DD Form 214. H also contnds his nam should changd to rad --- L- ---n on his crtificats and citation instad of ---r ------s. 2. Th alicant was nlistd, dischargd, rnlistd, and dischargd again using th nam ------s, ---r. His ntir OMF idntifis him as ------s, ---r and any tim th alicant signd his nam h signd as ---r ------s. 3. It aars th alicant is now using th nam that aars on his claimd irth crtificat. Whil th alicant's dsir to hav his military rcords changd is undrstood, thr is no asis for comromising th intgrity of th Army's rcords. 4. For historical uross, th Army has an intrst in maintaining th accuracy of its rcords. Th data and information containd in thos rcords should rflct th conditions and circumstancs that xistd at th tim th rcords wr cratd. Whil it is undrstandal th alicant dsirs to now rcord his corrct nam in his military rcords, thr is not a sufficintly comlling rason for comromising th intgrity of th Army’s rcords at this lat dat. 5. Th alicant is advisd that a coy of this dcisional documnt, along with his alication and th suorting vidnc h rovidd which confirms his irth nam, will fild in his OMF. This should srv to clarify any qustions or confusion in rgard to th diffrnc in th nam rcordd in his military rcord and to satisfy his dsir to hav his corrct nam documntd in his OMF. 6. In ordr to justify corrction of a military rcord th alicant must show to th satisfaction of th oard, or it must othrwis satisfactorily aar, that th rcord is in rror or unjust. Th alicant has faild to sumit vidnc that would satisfy that rquirmnt. OARD VOT: ________ ________ ________ GRANT FULL RLIF ________ ________ ________ GRANT ARTIAL RLIF ________ ________ ________ GRANT FORMAL HARING ___x__ ___x_____ ____x____ DNY ALICATION OARD DTRMINATION/RCOMMNDATION: Th vidnc rsntd dos not dmonstrat th xistnc of a roal rror or injustic. Thrfor, th oard dtrmind that th ovrall mrits of this cas ar insufficint as a asis for corrction of th rcords of th individual concrnd. ____________x____________ CHAIRRSON I crtify that hrin is rcordd th tru and comlt rcord of th rocdings of th Army oard for Corrction of Military Rcords in this cas. ACMR Rcord of rocdings (cont) AR20090018073 3 ARMY OARD FOR CORRCTION OF MILITARY RCORDS RCORD OF ROCDINGS 1 ACMR Rcord of rocdings (cont) AR20090018073 4 ARMY OARD FOR CORRCTION OF MILITARY RCORDS RCORD OF ROCDINGS 1