IN THE CASE OF: BOARD DATE: 15 June 2010 DOCKET NUMBER: AR20100000077 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 records to show the spelling of his last name as "F_Y__" instead of "F_I__." 2. The applicant states that his name was misspelled upon his entry in the Army. 3. The applicant provides the following documents: * a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 March 1969 * a copy of his passport * a copy of his record of birth, registered 17 October 1975 * a letter, dated 3 December 2009, from the National Personnel Records Center 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. Prior to his induction, the applicant completed a DD Form 398 (Statement of Personal History). He indicated that his last name was "F_I__." He authenticated this form by placing his signature in the appropriate block using this spelling of his last name. 3. His records show he was inducted into the Army of the United States on 13 April 1967. His DD Form 47 (Record of Induction) shows the spelling of his last name as "F_I__." 4. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his last name as "F_I__." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this spelling of his last name. 5. His records contain several personnel, finance, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, assignment orders, and various other orders that show the spelling of his last name as "F_I__." He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his last name. 6. He was honorably released from active duty on 31 March 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows the spelling of his last name as "F_I__." He authenticated this form by placing his signature in the appropriate block using this spelling. 7. He submitted copies of his record of birth and passport that show the spelling of his last name as "F_Y__." 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant used the spelling of his last name as "F_I__" upon his induction into the Army. This spelling of his last name is consistent with the last name on all official military records throughout his military service. He authenticated several forms that contain this spelling of his last name. He did not use the requested spelling of his last name during his military service. 2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his last name. 3. Nevertheless, a copy of this decisional document along with the application and supporting documents will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the different spelling of the last name he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the spelling of the last name under which he served. 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) AR20100000077 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000077 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1