BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160004165 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: 14 September 2017 DOCKET NUMBER: AR20160004165 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: 14 September 2017 DOCKET NUMBER: AR20160004165 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, in effect, correction of his records to show his first name as "Wxxxxxd" instead of "Wxxxxxm." 2. The applicant states his name was listed as "Wxxxxxm"; however, his birth name is "Wxxxxxd." He needs his legal name listed on his Army record. He is having problems with his disability benefits as his legal name does not match his Army records. 3. The applicant provides a Public Registry (birth certificate) from the country of Malta. 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 4 October 1965. 3. The applicant's record contains documents that show his first name as "Wxxxxxm" (the contested name). The applicant's record does not contain any documents that show his first name spelled "Wxxxxxd." 4. The applicant was discharged on 27 September 1967. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his first name as "Wxxxxxm." His DD Form 214 further shows his place of birth as Malta, Europe and his date of birth as 21 March 1945. He signed the DD Form 214 using the first name "Wxxxxxm." 6. The applicant provides a Public Registry entry from the country of Malta that shows he was born on 21 March 1945 and given the first name "Wxxxxxd." REFERENCES: Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the 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 service. 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 applicant requests correction of his records to show his first name as "Wxxxxxd," instead of "Wxxxxxm." 2. The documents contained in the applicant's military record, including the documents he signed, reflect his first name as the contested name, "Wxxxxxm." 3. It appears the first name "Wxxxxxm" was recorded as his correct name or as the name he preferred to use upon his initial enlistment. It further appears he did not use the requested name at any time during his period of military service, as it does not appear on any documents contained within his record. 4. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military 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 birth 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) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004165 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2