BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120022500 


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 record to show his new legal last name.

2.  The applicant states, in effect, that he would like to have his military records changed to reflect his new legal name in order to clarify his record for home refinancing.

3.  The applicant provides a copy of a Virginia Beach, VA court order changing his last name to Onoxxxx.

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 applicant enlisted in the Regular Army on 14 May 1985 with 6 months and 22 days of prior active duty and 1 year and 28 days of prior inactive service.  

3.  He was honorably released from active duty on 18 March 1988 under the reduction in force early release program.  His DD Form 214 lists his name as K_____ R____ S____.  The available evidence shows the applicant served under this name during his period of service between 14 May 1985 and 18 March 1988.

4.  A court order, dated 27 June 2011, shows the applicant's birth name was K____ R____ C____ and he previously changed his last name to S_____ with a subsequent change to Ona___.  The court granted him a third last name change to Ono___, effective 27 June 2011. 

DISCUSSION AND CONCLUSIONS:

1.  All available records show the applicant served his entire period of active service under the last name of S____ between 14 May 1985 and 18 March 1988.

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.  While it is understandable the applicant desires to now record the last name that he currently uses in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  A copy of this Record of Proceedings and the court order will be filed in the applicant's Army Military Human Resource Record (formerly known as the Official Military Personnel File) to serve as a record of the three legal changes of his last name for future reference.

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)                                         AR20120022500



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ABCMR Record of Proceedings (cont)                                         AR20120022500



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