IN THE CASE OF: BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160004280 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. 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. IN THE CASE OF: BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160004280 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :MWH :CD :TET DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160004280 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 his last name be corrected to M_____n instead of M_____ns on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 25 August 1967. 2. The applicant states his last name does not have an "s" at the end. He had no need to correct this before, but now he wants his marker for his gravesite to be correct. 3. The applicant provides his: * birth certificate * driver's license * social security card 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. On 26 August 1965, the applicant was inducted into the Army of the United States. Item 1 (Last Name-First Name-Middle Name) of his DD Form 47 (Record of Induction) shows his name as M____ns, W____ (no middle name). 3. The following documents in the applicant's Military Personnel Records Jacket (MPRJ) show his name as M____ns, W____: a. Acknowledgment of Service Obligation, dated 26 August 1965. The applicant signed this document as W___ M____ns. b. Armed Forces Examining and Entrance Station Special Orders Number 41, dated 26 August 1965. c. DA Form 41 (Record of Emergency Data). The applicant's father's last name on this document is also shown as M____ns. The applicant signed this document as W____ M____n. d. DA Form 428 (Application for Identification Card), dated 2 September 1965. The applicant signed this form as W____ M____ns. e. DD Form 398 (Statement of Personal History), dated 2 September 1965. The applicant signed this form as W____ M____ns. The applicant's father's, three brother's, and one sister's last names are all shown as M____ns on this form. f. Headquarters, U.S. Army Artillery and Missile Center, Fort Sill, OK Special Orders Number 191, dated 22 August 1967, identifies the applicant as M____ns, W____. 5. All other documents in the applicant's MPRJ show his name as M____ns, W____. 6. The applicant provided his birth certificate from the Georgia Department of Public Health. The full name of the child shown on the certificate is W____ H___ M____n. The father's last name on the birth certificate is shown as M____n 7. The driver's license provided by the applicant shows the name W____ H___ M____n. 8. The social security card provided by the applicant shows the name W____ H___ M_____n. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant contends his last name is spelled incorrectly on his DD Form 214 and submitted his birth certificate, driver's license, and social security card as evidence. These documents show the applicant with the name W____ H___ M____n. The applicant is requesting that only part of his name be changed to match his birth certificate. The applicant's full name shown on these documents is not shown anywhere in his MPRJ. 2. The applicant's DA Form 47 and numerous other documents throughout his MPRJ show his name as W____ M____ns. With the exception of a DA Form 41, on documents requiring his signature he signed his name as W____ M____ns. 3. 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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms the spelling of his last name as it is shown on his birth certificate, will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the spelling of his last name recorded in his military record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004280 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004280 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2