BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000049 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: AR20160000049 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: AR20160000049 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 full name as "Mene--- Fiau--- Muli--" instead of "Mene--- Sav-- Fia--." 2. The applicant states he was separated in 1960 and changed his name legally in 2015. He wants his DD Form 214 to reflect his new name. 3. The applicant provides a court order for a name change. 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 31 July 1951. Item 1 (Last Name-First Name-Middle Name) of his DD Form 4 (Enlistment Record) listed his full name as "Mene--- Sav-- Fia--." He signed this contract using this full name. 3. His DA Form 24 (Service Record) and its replacement, the DA Form 20 (Enlisted Qualification Record), also listed his full name as "Mene--- Sav-- Fia--." 4. He reenlisted on 11 June 1954. Item 1 of his reenlistment DD Form 4 also listed his full name as "Mene--- Sav-- Fia--." He signed this contract using this full name. 5. His service record contains multiple medical, legal, and personnel documents, including the following documents that show his name as "Mene--- Sav-- Fia--." * Record of Emergency Data * Record of Court-Martial Convictions * Military Leave Record * Assignment, reassignment, and separation orders * Standard Form 89 (Report of Medical History) 6. He was honorably released from active duty on 10 August 1960. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 listed his name "Mene--- Sav-- Fia--." He signed the form using this same name. 7. He provides a legal name change, dated 22 April 2015, showing the court approved his name change to "Mene--- Fiau--- Muli--." REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the 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 evidence of record shows upon his enlistment and reenlistment in the Regular Army, the applicant listed his full name as "Mene--- Sav-- Fia--." This full name is consistent with the full name on all documents in his service record. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correctly listed. There is no evidence he used the requested full name at any time 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. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time they were created. The applicant is advised that a copy of these proceedings will be filed in his record and will serve to explain the difference in the name under which he served and the name he now uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000049 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2