IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014642 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: 6 December 2016 DOCKET NUMBER: AR20150014642 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: 6 December 2016 DOCKET NUMBER: AR20150014642 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 "ZXXHAXX" instead of "ZXXKEXX." 2. The applicant states, in effect, his last name is misspelled on his DD Form 214 and other documents in his record that do not match the last name shown on his birth certificate. 3. The applicant provides copies of his DD Form 214 for the period ending 16 February 1990, his State of Tennessee Driver License, and his State of Tennessee Certificate of Live 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. The applicant enlisted in the Regular Army on 16 February 1984. 3. His records contain the following documents that show his last name spelled as " ZXXKEXX." He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes his last name spelled as "ZXXKEXX." * DD Forms 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 16 February 1984 * DA Form 3340 (Request for Regular Army Reenlistment or Extension), dated 15 January 1988 * VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 8 December 1989 * DD Form 93 (Record of Emergency Data), dated 8 December 1989 4. His record does not contain any documents that show his last name as "ZXXHAXX." 5. He was discharged from the Army on 16 February 1990. His DD Form 214 shows his last name as "ZXXKEXX." He was unavailable to sign this document. 6. He provides copies of his birth certificate from the State of Tennessee and his State of Tennessee Driver License, which show his last name as "ZXXHAXX." REFERENCES: 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: 1. The applicant's request for correction of his records to show his last name as "ZXXHAXX," instead of "ZXXKEXX," was carefully considered. 2. The applicant's DD Forms 4 and all other documents throughout his military service, including all of the documents he signed, reflect his last name as "ZXXKEXX." 3. It appears that the last name "ZXXKEXX" was recorded as his correct name or as the name he preferred to use upon his initial enlistment. It further appears he did not use the requested name at any time during his period of military service, as it does not appear on any documents contained within his record. 4. 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. 5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, 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 to satisfy his desire to have his birth name documented in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014642 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2