BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012934 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 BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012934 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. BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012934 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 "Gavin" instead of "Gavins." 2. The applicant states the correct last name does not have the letter "s" at the end of the name. He is putting his life records in order and needs all records to match. 3. The applicant provides: * DD Form 214 * Social security card * Disabled parking 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 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record 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 in Columbus, OH on 16 February 1951. A copy of his induction record is not available for review with this case. 4. The applicant's DD Form 214 also shows at the time of his separation he held military occupational specialty 4345 (Truck Driver) and his most significant assignment was with the 420th Engineer Dump Truck Company. 5. He was honorably released from active duty on 24 January 1950. His DD Form 214 shows in Item 1 (Last Name – First Name – Middle Name) – his last name as "Gavins." He authenticated this form with his signature, using this last name. 6. He provides a social security card and a disabled parking card that both show his last name as "Gavin." REFERENCE: Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. item 1 shows the last name, first name, and the spelled out full middle name. DISCUSSION: 1. The applicant's induction record is not available for review with this case. It is unclear what last name he used upon entering active duty. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his last name as "Gavins." He even signed this form using this last name. In the absence of his military records or at least his induction document, it is presumed that the last name shown on his DD Form 214 is correct. 2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his last name. 3. Nevertheless, a copy of this decisional document will be filed in his service record to provide clarity and to deal with any confusion that might arise regarding the different spelling of his current last name. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the last name under which he served. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012934 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012934 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2