BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017841 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: 2 May 2017 DOCKET NUMBER: AR20150017841 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: 2 May 2017 DOCKET NUMBER: AR20150017841 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 Active Duty) to show his full name as "Albxx Rodrxxx-Galxxx" instead of "Albxx Rodrxxx." 2. The applicant states his full name does not appear on his DD Form 214 and this causes problems for him. 3. The applicant provides: * birth certificate * social security card * DD Form 214 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. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History). He listed his last name as "Rodrxxx." He authenticated this form with his signature using this last name. 3. He enlisted in the Regular Army on 20 May 1969. His DD Form 4 (Enlistment Contract) and allied documents listed his last name as "Rodrxxx." 4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, also listed this last name. 5. His records contain several documents listing his last name as "Rodrxxx," including: * Armed Forces Fingerprint Card * Health and Immunization records * Court-martial orders * Separation packet * Assignment, reassignment, and/or separation orders * DA Form 268 (Report for Suspension of Favorable Personnel Actions) * DA Form 428 (Application for Identification Card) 6. He was discharged on 9 December 1971. Item 1 of his DD Form 214 shows his last name as "Rodrxxx." He authenticated this form with his signature using this name. 7. His discharge was upgraded and he was reissued a new DD Form 214 that also shows his last name as "Rodrxxx." 8. He provides: * a birth certificate showing the last name as "Rodrxxx-Galxxx" * social security card showing with the last name as "Rodrxxx-Galxxx" REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The available evidence shows the applicant listed his last name as "Rodrxxx" upon his enlistment in the Regular Army in May 1969. He consistently used this last name throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, using this last name and indicating the information contained therein was correct. He did not use the last name "Rodrxxx-Galxxx" at any point during his military service. 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 showing of material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document which confirms the requested last name will be filed in his official military Personnel 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 current last 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) AR20150017841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2