IN THE CASE OF:
BOARD DATE: 3 June 2008
DOCKET NUMBER: AR20080003374
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 records to show his name as G____ C_______ M_______.
2. The applicant states that his naturalization and name change took place before he left the military.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a letter, dated 5 March 2007, from the National Personnel Records Center; a letter, dated 8 January 2008, from the United States District Court, Office of the Clerk, Western District of Texas; and a certificate indicating his name change.
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 applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. The applicants DD Form 214 shows he enlisted in the Regular Army on 27 April 1962. He completed infantry training and was awarded specialty number 111.1668 (light weapons infantryman).
4. The applicant was released from active duty on 26 April 1965. He authenticated his DD Form 214 indicating his name as B____ G_____
Y S______. Item 1 (Name (Last, first, middle)) on his DD Form 214 shows
his first name and last name as B____ G_____ Y S______.
5. The applicant provided a letter from the United States District Court for the Western District of Texas, Austin Division. This letter indicates he became a naturalized U.S. citizen on 23 April 1965 and his name was officially changed from his given name B____ G_____ Y S______ to G____ C_______ M_______.
6. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number) prescribed the procedures for the recording of names and the changing of record of name and/or birth data. Paragraph 2-3 stated that the request for change of the record must originate with the individual. The authority to approve the change of record was delegated to the immediate commanding officer or other official so designated by him.
7. Army Regulation 635-5 (Separation Documents) 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 accuracy 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. The applicants court document shows his name was changed from his given name of B____ G_____ Y S______ to G____ C_______ M_______ on 23 April 1965, three days prior to his separation date.
3. Although the applicant appears to be currently using the name G____ C_______ M_______, it appears he served on active duty under the name B____ G_____ Y S______. 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 the name he is currently using will be on hand.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
xx______ xx______ xx______ 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.
xxxxxx_________________
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) AR20080003374
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ABCMR Record of Proceedings (cont) AR20080003374
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