BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000526 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: AR20160000526 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: AR20160000526 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 the spelling of his last name be changed from Axxxan to Axxxann. 2. He states the correction should be made according to his birth certificate. 3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his State of Minnesota birth certificate and driver's license. 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 was inducted into the Army of the United States on 15 December 1966. His DD Form 47 (Record of Induction) shows the spelling of his last name as Axxxan and his name appears this way consistently throughout his records. 3. He served 9 months and 14 days on active duty and he was honorably released from active duty on 29 September 1967. 4. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his last name as shown on his DD Form 47. 5. He provides a copy of his birth certificate and driver's license from the State of Minnesota showing the spelling of his last name as Axxxann. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Documents used to prepare the DD Form 214 include the DD Form 47, Enlisted Qualification Record and orders. DISCUSSION: 1. The applicant's military records show he served in the Army with the spelling of his last name as Axxxan. There are no documents in his personnel file that show he spelled his last name as Axxxann during any period of 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 will be filed in his official military personnel file. This should serve to clarify any questions or confusion concerning the difference in the spelling of his last name recorded in his military records and to satisfy his desire to have the spelling of his last name documented in his OMPF as it is listed on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000526 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000526 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2