BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008191 


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 first name in item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. 

2.  The applicant states:

* This is not an error or injustice just a name change
* His new first name is Sxxxxl

3.  The applicant provides a court order changing his name.

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.  His enlistment contract shows his first name as Sxxxxxxo.  He enlisted in the Regular Army on 9 August 1983 for a period of 2 years.  He completed his training and was awarded military occupational specialty 13B (Cannon Crewman).  On 8 August 1985, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.    

3.  Item 1 of his DD Form 214 shows the first name Sxxxxxxo.

4.  All of his service personnel records show his first name as Sxxxxxxo.

5.  He provided a court order, dated 20 January 2011, which indicates he petitioned the court to change his first name to Sxxxxl. 

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 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 release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.  

2.  His enlistment record and service personnel records show the first name Sxxxxxxo.  It appears he appropriately served in and was honorably released from active duty under the first name Sxxxxxxo.  He changed his name in 2011, over 25 years after he was released from active duty.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant’s 
DD Form 214.  

3.  The applicant is advised that a copy of this decisional document which confirms his legal name change will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the names in his OMPF and satisfy his desire to have his current legal name documented in his OMPF.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X____  ____X_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20110008191



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ABCMR Record of Proceedings (cont)                                         AR20110008191



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