RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2008
DOCKET NUMBER: AR20070017535
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Eloise Prendergast
Member
Mr. Donald Lewy
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his first name be change from "Jaime" to "Jimmy."
2. The applicant states, in effect, that his first name should be changed from "Jaime" to "Jimmy." He states that his records should be corrected to avoid future employment difficulties, to receive VA (Department of Veterans Affairs) benefits, and to correct his Veterans military records, etc.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of a notarized statement, a copy of a letter from the VA, a copy his Social Security (SS) Card, and a letter from the SS Administration in support of his request.
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 applicants 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 applicants 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 17 November 1981. He was trained as a fighting vehicle infantryman, in military occupational specialty (MOS), 11M. He was promoted to staff sergeant effective 1 April 1996.
3. The applicant served until he was separated for the purpose of retirement on 31 October 2001. He was placed on the Retired List effective 1 November 2001, in the pay grade of E-7.
4. Item 1 (Name [Last, First, Middle]), of his DD Form 214, shows his first name as "Jaime."
5. The military documents that are on file in the applicants OMPF (Official Military Personnel File) show he served and was separated from active duty under the first name of Jaime instead of the name Jimmy.
6. The applicant provided a copy of a notarized statement, dated 15 November 2004, from the State of Louisiana changing his first name from "Jaime" to "Jimmy." He also provided a copy of a statement from the SS Administration with his new first name and informing him that a new SS Card would be provided to him in about 2-weeks.
7. The applicant provided a copy of is SS Card showing his new first name of "Jimmy."
8. The applicant provided a copy of a letter from the VA showing that he was in receipt of a certificate for his use in establishing Civil Service Preference. This letter was issued to him using the same first named as was used consistently through his OMPF.
9. Army Regulation 634-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it existed on the date of release from active duty or discharge. Events that occur subsequent to the effective date of that form will not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army on 17 November 1981 under the first name of Jaime, as opposed to Jimmy. In reviewing the record, the applicant appropriately served on, and was separated from active duty, on 31 October 2001, and was placed on the Retired List, under the first name he provided upon his entry onto active duty. There is no evidence that he attempted to change his first name while he was in service.
2. The evidence shows that the applicant changed his first name from "Jaime" to Jimmy" on 15 November 2004, after his separation from active duty and his placement on the Retired List.
3. There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if his first name is not changed as requested by him.
4. While the Board understands the applicants desire to have the records changed, it finds no basis for compromising the integrity of the Armys records.
5. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
6. A copy of this decisional document, along with his application, which confirms his first name, will be filed in the applicant's Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different first names, and adequately documents his birth name in his record for the purpose of entitlement to veterans' benefits.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_LDS__ _ __EP____ ___DL__ 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.
____Linda D. Simmons_____
CHAIRPERSON
INDEX
CASE ID
AR20070017535
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080320
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20011031
DISCHARGE AUTHORITY
AR 635-200, chap 12
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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