IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150006146 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as C____ instead of C___M___. 2. The applicant states: * there is no error on his DD Form 214 * he wants to change his name from P____ L____ C___M___ to P____ L____ C___ * he is changing all his records and he wants his DD Form 214 to show the same name * an official from the Department of Veterans Affairs (VA) told him to apply to the Army Board for Correction of Military Records (ABCMR) to update his records 3. The applicant provides: * DD Form 214 * U.S. Passport * Puerto Rico driver's license * letter from the VA, dated 22 September 2014 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 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. Item 1 (Name – Last, First, Middle) of the applicant's DD Form 4 (Enlistment/ Reenlistment Document – Armed Forces of the United States) shows he enlisted in the Regular Army on 1 August 2001 under the last name C___M___. 3. He was honorably released from active duty on 31 July 2005. Item 1 (Name – Last, First, Middle) of his DD Form 214 shows his last name as C___M___. 4. He provided copies of his U.S. Passport, Puerto Rico driver's license, and a letter from the VA showing his last name as C___. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated 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 evidence of record shows the applicant served on active duty from 2001 to 2005 under the last name C___M___. By his own admission, there is no error on his DD Form 214. 2. For historical purposes, the Army has an interest in maintaining the integrity 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 that he now desires to record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the last name recorded in his military records and to satisfy his desire to have his current last name documented. 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 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) AR20150006146 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006146 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1