AR20150010019

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20150010019

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X____ ____X____ ____X____ DENY APPLICATION

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

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20150010019

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: 17 May 2016

DOCKET NUMBER: AR20150010019

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 DDForm214 (Armed Forces of the United States Report of Transfer or Discharge) to show his current last name.

2. The applicant states:

* his DDForm214 shows his birth surname of K___K
* he legally changed his surname to K___T in 1983
* he wants his DDForm214 corrected
* he wants all of his legal documents to reflect this change

3. The applicant provides:

* DDForm214
* Allegheny County Court of Common Pleas court order
* Pennsylvania driver’s license
* Medicare health insurance card

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 enlisted in the Regular Army on 3August 1964 for a period of 3years. On 17July 1967, he was honorably released from active duty (REFRAD).

3. Item1 (Last Name, First Name, Middle Name) of his DDForm214 shows his last name as K___K.

4. He provided a court order from the Allegheny County Court of Common Pleas showing he, his wife, and their minor child legally changed their last names to K___T on 6September 1983.

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, 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 DDForm214 and stated the DDForm214 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 REFRAD, retirement, or discharge.

DISCUSSION:

1. The DDForm214 is a “snapshot in time” and is a reflection of the applicant’s record of active Army service at the time of his REFRAD.

2. The evidence shows he changed his last name in 1983, over 16years after his REFRAD on 17July 1967.

3. 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.

4. The applicant is advised that a copy of this decisional document which confirms his legal name change will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current legal name documented in his military records.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150010019

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150010019

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2