IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170003905 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 IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170003905 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. IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170003905 THE APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 November 1970 and his DD Form 214 (Report of Separation from the Active Duty) for the period ending on 13 September 1974 to show his name as "D__ S__ H__ W__" instead of "D__ H__ W__." 2. The applicant states that he has a twin brother with a similar name and this creates confusion with documentation. He had a legal name change in 2005, which changed his name from "D__ H__ W__" to "D__ S__ H__ W__." THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with the following supporting documents: * Certificate of Birth, dated 25 February 2005 * State of Court document (name change) * State of Court document (certification of name change) * Certificate of Birth, dated * driver’s license, dated 4 November 2014 * Social Security Card * DD Form 214 for the period ending 13 September 1974 * DD Form 214 for the period ending 26 November 1970 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems to include his DD Form 4 (Enlistment Contract-Armed Forces of the United States), dated 24 February 1969. REFERENCES: 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. 2. Army Regulation 635-5 (Separation Documents) establishes the policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. 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 Army on 24 November 1969 using the name "." 3. The applicant’s name remained the same from his enlistment on 24 November 1969 to 13 September 1974, his date of separation. The applicant’s DD Form 214 reflects his middle name as "." 4. None of the documents in the applicant’s military record show the name he requested. 5. A court order dated 25 February 2005 legally changed the applicants name to "." 6. The applicant used the name "" during the entire period of his military service. He legally changed his name 20 years after the period of his military service. There is no indication that the name on his DD Forms 214 were entered incorrectly. 7. 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. 8. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion about the difference in the name recorded in his military records and his desire to have his current name documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003905 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003905 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2