IN THE CASE OF:  

		BOARD DATE:  24 March 2016

		DOCKET NUMBER:  20150009652


BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  24 March 2016

		DOCKET NUMBER:  20150009652


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.


		IN THE CASE OF:  

		BOARD DATE:  24 March 2016

		DOCKET NUMBER:  20150009652


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 item 1 (Last Name – First Name – Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his last name as "VanExxxson."

2.  The applicant states his DD Form 214 incorrectly shows his last name as "Exxxson."

3.  The applicant provides copies of his DD Form 214 and Veterans Universal Access Identification (ID) card.

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 the cases 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.
2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, the DD Form 214 submitted by the applicant contained sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he reenlisted in the Regular Army (RA) on 22 November 1951.  He was honorably discharged on 26 March 1956.  He was credited with completing 7 years, 4 months, and 5 days of total net active service.  His DD Form 214 lists in:

* Item 1 – "Jxxx Van Exxxson, Jr."
* Item 48 (Signature of Person Being Separated) – his signature as "Jxxx V. Exxxson, Jr., to indicate that that the information recorded on the form was correct/complete to the best of his knowledge

4.  He provided a copy of his Veterans Universal Access ID card which lists his name as "VanExxsion, Jxxx J."

REFERENCES:

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 the standardized policy for the preparation of the DD Form 214.  It stated the 
DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.

DISCUSSION:

1.  The available evidence shows the applicant served in the RA using the name listed in item 1 of his DD Form 214.  He authenticated this form by placing his signature in item 48 and signing his name as "Jxxx V. Exxxson, Jr."  There is no indication that he used the requested version of his last name during his military service.

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared. 

3.  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 showing a 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 the version of the last name he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       20150000953



Enclosure 1