BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160005921 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: 10 October 2017 DOCKET NUMBER: AR20160005921 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: 10 October 2017 DOCKET NUMBER: AR20160005921 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 (Certificate of Release or Discharge from Active Duty) to show his full name (first, middle, last) as "Tum__ A. Nik__" instead of "Tum__ Niu_______." 2. The applicant states when he enlisted in the service, he was just getting out of high school. Throughout school, he was told that his last name was "Niu_____." When he was separated from the service, he went back to the States, got his birth certificate, and found out that his name was different. 3. The applicant provides: * DD Form 214 * Birth Certificate of American Samoa * Social security card * Driver license * Veteran Affairs Form 21-4138 (Statement in Support of Claim) 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 U.S. Army Reserve under the Delayed Entry Program (DEP) on 12 July 1977. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) and all allied documents listed his first name as "Tum__" and his last name as "Niu______." He signed his contract using this full name. 3. He was discharged from the DEP on 19 June 1978 and subsequently enlisted in the Regular Army (RA) on 20 June 1978. When he took the oath of enlistment, he signed his name as "Tum___ Niu____." 4. His A Form 2-1 (Personnel Qualification Record-Part II) also listed his full name as "Tum___ Niu____." 5. He reenlisted in the RA on 22 December 1980. His reenlistment DD Form 4 also listed his name as "Tum___ Niu____" and he signed the contract using this name. 6. He extended his enlistment in the RA on 14 November 1984. His DA Form 1695 (Oath of Extension of Enlistment) also listed his name as "Tum___ Niu____" and he signed the document using this name. 7. His records contain several official personnel documents, including the documents listed below, that show his name as "Tum___ Niu____" and he signed several of these forms using this name. * DD Form 93 (Record of Emergency Data) * Servicemen's Group Life Insurance Election Certificate * Various orders (assignment, reassignment, promotions, and awards) * Enlisted Evaluation Reports * DA Form 428 (Application for Identification Card) 8. He was honorably discharged on 7 June 1985 due to disability with entitlement to severance pay. Item 1 (Last, First, Middle) of the DD Form 214 he was issued shows his first name as "Tum___" and his last name as "Niu____" He signed this form using this name. 9. He provides: * Birth Certificate of American Samoa, certified to be a true copy in September 1990, that shows a similar date of birth but the full name is shown as "Tum__ Ale___ Nik__" * A social security card that lists a social security number similar to his but the full name as "Tum__ A. Nik__" * A driver license that also lists the full name "Tum__ A. Nik__" * VA Form 21-4138, dated 2 March 2016, wherein he informed the VA that the discrepancy in the name is due to cultural reasons REFERENCE: Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 evidence of record shows that upon his enlistment and subsequent reenlistment in the Army the applicant listed his first name as ""Tum___" and his last name as "Niu_____." He did not use a middle name. This name is consistent with the name that he used throughout his entire period of military service. He did not use the name of "Tum__ A. Nik__" during his period of 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 records. This should serve to clarify any questions or confusion in regard to the difference in the full name recorded in his military record and the full name shown on his social security card, driver’s license and 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) AR20160005921 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005921 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2