BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160003545 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: 19 September 2017 DOCKET NUMBER: AR20160003545 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: 19 September 2017 DOCKET NUMBER: AR20160003545 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 military records to show his last name as H _ _ _eren instead of H _ _ _ren. 2. The applicant states there is a problem with the spelling of his last name. According to Norwegian records, his family's last name is H _ _ _eren. His American-born father eliminated an "e" (H _ _ _"e"ren) [from their last name and began representing his last name as H _ _ _ren]. After he was discharged in 1965, he corrected his name to read H _ _ _eren. All of his Department of Veterans Affairs (VA) records show his last name as H_ _ _ eren. 3. The applicant provides a copy of his DD Form 256A (Honorable Discharge Certificate), U.S. Passport, and a Christening Certificate. 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 7 December 1950. His DD Form 4 (Enlistment Record – United States Army) shows his last name as H _ _ _ren. 3. The applicant was discharged on 25 February 1952 for the purpose of accepting appointment as a commissioned officer. His DD Form 214 (Report of Separation from the Armed Forces of the United States) for this period of active service shows his last as H _ _ _ren. 4. The applicant was appointed as a Reserve commissioned officer of the Army and entered active duty on 26 February 1952. He was released from active duty and transferred to the U.S. Army Reserve (USAR) on 13 August 1953. His DD Form 214 for this period of active service shows his last name as H _ _ _ren. 5. The applicant continued his service in the USAR until his resignation was accepted on 11 January 1965. 6. A review of the applicant's available military records shows he used the last name H _ _ _ren throughout his entire period of active and Reserve service. There is no evidence that indicates he ever used the spelling of his last name he now uses. 7. The applicant provides copies of his Honorable Discharge Certificate, U.S. Passport, and Christening Certificate. These documents show his last name as H_ _ _eren. REFERENCES: Army Regulation 15-185 (ABCMR) states the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. DISCUSSION: 1. The evidence of record shows the applicant served under the last name he now claims is incorrect throughout his entire period of active and Reserve service. There is no evidence that indicates he ever listed the last name he now uses. 2. For historical purposes, the Army has an interest in maintaining the accuracy 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 evidence showing a 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 OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and the last 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) AR20160003545 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003545 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2