BOARD DATE:  17 July 2018

		DOCKET NUMBER:  AR20160009507


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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:  17 July 2018

		DOCKET NUMBER:  AR20160009507


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show his last name as Sxxxxxxxxx 
versus Hxxx.   

2.  The applicant states, upon enlistment, his last name was incorrectly listed by 
his family.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with supporting document(s):  

*	State of Alabama, Certificate of Birth, issued on 18 January 2008
*	social security card, issued on 16 January 2009
*	State of Alabama Non-Driver Identification Card, issued on 
5 February 2009
*	letter from the Selective Service System, dated 8 May 2013

2.  Military personnel records and advisory opinion(s) (if any):

*	DD Form 4/1 (Enlistment / Reenlistment Document – Armed Forces of the 
United States), dated 2 December 1980
*	DA Form 2-1 (Personnel Qualification Record – Part II), dated  
24 August 1982
*	DD Form 214, for the period ending 29 June 1983

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, 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 preparation of the DD Form 214.  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.  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, 
and 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 contends his DD Form 214 should be corrected to show his 
birth and legal last name as Sxxxxxxxxx.  

3.   It appears the last name Hxxx was recorded as the applicant's name of 
record or as the name he preferred to use upon his initial enlistment on  
2 December 1980.  He represented his last name as Hxxx throughout the entire 
period of his military service.  This last name is consistently represented in the 
documents contained in his Military Personnel Records Jacket.  He signed many 
documents using the last name Hxxx.  The requested last name does not appear 
in his available military records.

4.  The applicant submitted a copy of his birth certificate, social security card, 
non-driver identification card and a letter from the Selective Service System that 
shows his last name as Sxxxxxxxxx; however, he did not use this last name 
during his entire period of military service.    

5.  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. 

6.  The applicant is advised that a copy of this decisional document will be filed in 
his records to clarify the difference between the last name listed in his records 
and that listed on his birth certificate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006036


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160009507


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2