IN THE CASE OF: BOARD DATE: 3 April 2012 DOCKET NUMBER: AR20110018608 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 his last name as "St. Dxxxd" instead of "Pxxxa." 2. The applicant states he legally changed his last name. 3. The applicant provides: * his NGB Form 22 (Departments of the Army and Air Force National Guard Bureau Report of Separation and Record of Service) for the period ending 8 June 1967 * a Nevada District Court order changing his last name, dated 15 June 1978 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 enlisted in the Pennsylvania Army National Guard (PAARNG) for a period of 6 years on 27 May 1964 under the last name of "Pxxxa." On 21 February 1965, he was ordered to active duty for training (ADT). He completed training and he was awarded military occupational specialty 710 (General Clerk). The highest rank/grade he attained while serving on active duty was private (PV2)/E-2. 3. On 3 July 1965, the applicant was honorably released from ADT and he was returned to State control as a member of the PAARNG. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows in item 1 (Last Name – First Name – Middle Name) shows his last name as "Pxxxa." 4. All official documents contained in the applicant's official military personnel file (OMPF) shows his last name as "Pxxxa." 5. On 8 June 1967, he was honorably discharged from the PAARNG by reason of change of residence and he was reverted to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time shows in item 1 (Name (Last, first, middle initial)) his last name as "Pxxxa." 6. The applicant provides a Nevada court order, dated 15 June 1978, that legally changed his last name from "Pxxxa" to "St. Dxxxd." 7. Army Regulation 635-5 (Separation Documents) 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 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's request for correction of his DD Form 214 to show his last name as "St. Dxxxd" was carefully considered. 2. Court documents show he legally changed his last name from "Pxxxa" to "St. Dxxxd" on 15 June 1978. However, this does not change the conditions and circumstances that existed at the time his service records were created. 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 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. While it is understandable the applicant desires to now record his correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 4. The applicant is advised that a copy of this decisional document, which confirms his new last name, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF. 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) AR20110018608 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018608 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1