IN THE CASE OF:  

		BOARD DATE:  2 November 2017

		DOCKET NUMBER:  AR20170002887


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:  2 November 2017

		DOCKET NUMBER:  AR20170002887


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:AIR	:RAS	:RML	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  2 November 2017

		DOCKET NUMBER:  AR20170002887


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Brown" instead of "Bogdon." 

2.  The applicant states he changed his name. 

3.  The applicant provides:

* DD Form 214
* Final Judgment Changing Name, dated 8 May 2014

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his last name as "Bogdon."  He signed the form using this last name. 

3.  He was inducted into the AUS on 13 June 1967.  His DD Form 47 (Record of Induction) listed his last name as "Bogdon." 

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, also listed his last name as "Bogdon."  He reviewed this form and authenticated it with his signature using this last name  

5.  His service record contains multiple documents, including the following documents that show his last name as "Bogdon."  He signed those documents requiring his signature with this last name:

* DA Form 873 (Certificate of Clearance and/or Security Determination) 
* DA Form 3027 (U.S. Army Request for National Agency Check) 
* DA Form 428 (Application for Identification Card)
* Assignment, reassignment, and separation orders
* Standard Form 88 (Report of Medical Examination) 

6.  He was honorably released from active duty on 12 June 1969.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 listed his last name as "Bogdon."  He signed the form using this name. 

7.  He provides a Final Judgment Changing Name, issued on 8 May 2014, granting his petition for change of name from "Bogdon" to " Brown." 

REFERENCES:

1.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

2.  Army Regulation 15-185 (ABCMR) states the ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

DISCUSSION:

1.  The evidence of record shows upon his induction into the AUS in 1967 the applicant listed his last name as "Bogdon."  This last name is consistent with the last name on all documents in his service record.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correctly listed.  There is no evidence he used the requested last name at any time during his 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 military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the name recorded in his military records and the name he now uses.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20170002887



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20170002887



3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2