IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008833 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the first portion of his last name as "Mas" instead of "Mass." 2. The applicant states his first portion of his last name was misspelled on his original DD Form 214. It is a requirement by the Social Security Administration in order to obtain a new social security card. 3. The applicant provides a copy of his certificate of birth. 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. On 26 February 1969, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the first part of his last name as "Mass.” 3. On 7 January 1971, he was honorably released from active duty. The first part of his last name was spelled “Mass.” 4. His official military personnel file (OMPF) does not contain any documents showing the first part of his last name spelled as "Mas." 5. The applicant provided a copy of his birth certificate, which shows the first part of his last name as "Mas." 6. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 the first part of his last name as "Mas" instead of "Mass" was carefully considered. 2. The applicant's DD Form 4 and all other documents throughout his military service, including documents he signed, reflect the first part of his last name as "Mass.” It appears he changed the spelling of his last name at some point after his period of military service to "Mas," based on the evidence he provided, specifically, his birth certificate. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a 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 a different spelling of his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this time. 4. The applicant is advised that a copy of this Record of Proceedings will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name shown on his certificate of birth. 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) AR20130005644 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008833 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1