IN THE CASE OF:  

		BOARD DATE:  26 September 2018

		DOCKET NUMBER:  AR20170004929


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:  26 September 2018

		DOCKET NUMBER:  AR20170004929


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:  26 September 2018

		DOCKET NUMBER:  AR20170004929


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 Tranfer or Discharge) to show his last name as Wxxxxx instead of Wxxxxxson.

2.  The applicant states, in effect, his birth certificate shows his last name as Wxxxxx not Wxxxxxson.

3.  The applicant provides copies of the following documents:

* Certificate of Birth, dated 30 December 2016
* Florida identification card
* Social Security card, dated 4 January 2017
* DD Form 214 

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 service member served on active duty from 1 March 1967 through 28 February 1969.  Additionally, all of his official military records, to include his DD Form 214 show his last name as documents Wxxxxxson.

3.  The applicant provided copies of his Certificate of Birth, Florida Identification Card, and his Social Security Card, all of which show reflect the last name of Wxxxxx.

REFERENCES:

Army Regulation 635-8 (Separation Processing and Documents), prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214.  For block 1 (Name), compare with the original enlistment contract or appointment order and review the official record for possible name changes.  

DISCUSSION:

1.  The Applicant's official military record show he used the last name Wxxxxxson during his entire period of 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.

3.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.  This Board action will be filed in his military records so a record of birth first name will be on hand.  He should provide a copy of this Board action to the Department of Veterans Affairs to show that, while the Army finds no basis for changing his records, it accepts that the applicant served under last name of Wxxxxxson and now utilizes the last name shown on 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)	AR20170004929



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170004929



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2