BOARD DATE:  27 June 2018

		DOCKET NUMBER:  AR20160017601


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:  27 June 2018

		DOCKET NUMBER:  AR20160017601


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.


	

		DOCKET NUMBER:  AR20160017601


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 records be changed to show his as  instead of .

2.  The applicant states, in effect, his name on his Virginia birth certificate, , is different from his service records because he was raised by his first cousin .  He needs the correction to verify his military status.

3.  The applicant provides copies of 

* California (CA) Driver's License
* CA Department of Motor Vehicles receipt 
* 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.  The applicant served on active duty from 11 May 1973 through 21 December 1973.

3.  All documents contained in the military record show the applicant's name as x.  

4.  The identification cards provided all show the applicant's name as .

REFERENCES:

Army Regulation 635-5 (Separation Processing and Documents), as then in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214.  The regulation in effect at that time does not specify what source to use to enter a Soldier's name in block 1 (Name).  

DISCUSSION:

1.  The evidence of record shows the applicant entered active duty in 1973 under the name .  This is the name shown on all official military document including the applicant's DD Form 214.

2.  The applicant has not provided and the record does not contain any documentation of either his birth certificate or any court documentation that shows his legal name as  during his period of service.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  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.  A copy of this decisional document will be filed in the applicant's military records.  This should serve to clarify any questions or confusion regarding the difference in the name he now uses and the name under which he served.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160017601



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160017601



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2