IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014811 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: 1 December 2016 DOCKET NUMBER: AR20150014811 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: 1 December 2016 DOCKET NUMBER: AR20150014811 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 his last name as Musxxx vice Ranxxx. 2. The applicant states that prior to joining the Army he had lived as a Musxxx but had not been legally adopted. He was legally adopted in 1970, has been diagnosed with stage-4 cancer, and would like his records to reflect his adopted last name. 3. The applicant provides his DD Form 214 and a court order. 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 (RA) on 8 December 1960. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 8 December 1960, shows his last name as Ranxxx. He authenticated this form by placing his signature in the appropriate block on that date using the last name of Ranxxx. 5. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his last name as Ranxxx. 6. His record contains numerous orders, personnel, medical, and legal documents that all show his last name as Ranxxx. He authenticated many of these forms by placing his signature in the appropriate block using the last name of Ranxxx. 7. He was honorably released from active duty on 6 December 1963 and he was transferred to the U.S. Army Reserve. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his last name as Ranxxx. He authenticated this form by placing his signature in the appropriate block on that date using the last name of Ranxxx. 8. The applicant provides a State of Minnesota Judgment and Decree of Adoption, dated 5 October 1970, showing his last name was legally changed to Musxxx on that date. REFERENCE: Army Regulation 635-5 (Separation Documents) then in effect established standardized policy for 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 duty. 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 DD Form 214 is a record of active duty service at the time of release or discharge. The evidence of record confirms when the applicant enlisted in the RA he used the last name of Ranxxx and this the last name he used throughout his active duty service. His DD Form 214 correctly shows his last name as Ranxxx, the last name he used at the time. 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 material error or injustice, there is a reluctance to recommend that those records be changed. 3. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014811 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014811 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2