BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150007386 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 (Report of Separation from the Armed Forces of the United States) to show his last name as Deltxxx vice Txxx. 2. The applicant states his last name on his DD Form 214 is spelled wrong. He was instructed that in order to avoid complications to sign his last name as Txxx. 3. The applicant provides his DD Form 214, birth certificate, and part of a letter from the Department of Veterans Affairs (VA). 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, he provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant’s DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 11 March 1952. His most significant assignment was with the 4th Infantry Division Band, Germany. 4. He was honorably released from active duty on 12 February 1954 and he was transferred to the U.S. Army Reserve. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows his last name as Txxx. He authenticated this form by placing his signature in the appropriate block using the last name of Txxx. 5. The applicant provides: * a Commonwealth of Pennsylvania Certification of Birth, issued on 16 June 1988, wherein it shows his last name as Deltxxx * part of a letter, undated, addressed to applicant with his last name as Deltxxx 6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It stated entries on the DD Form 214 would be prepared using service records/official files for verification of proper entries. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant’s DD Form 214 he was issued on 12 February 1954 shows his last name as Txxx. He authenticated this form by signing the DD Form 214 using the last name of Txxx. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DD Form 214 correctly reflects the last name he used during his military service. 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 the applicant now desires to record the last name he now uses 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 official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the last name he now uses and the last name recorded in his military record. 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) AR20150007386 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007386 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1