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ARMY | BCMR | CY2008 | 20080015894
Original file (20080015894.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	         11 December 2008

		DOCKET NUMBER:   AR20080015894 


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, in effect, that his records be corrected to show his name as Rxxxx Sxxxx Mxxxxz instead of Cxxxx Rxxxxx Vxxx.

2.  The applicant states, in effect, that after he was discharged he changed his legal name to that of his mother's family surname.  He wishes to have his military documents corrected to show Rxxxx Sxxxx Mxxxxz as his legal and binding name as of 4 August 1956.

3.  The applicant provides a copy of a Commonwealth of Massachusetts Probate Court order granting a name change, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his discharge order, a copy of his NGB Form 22 (Report of Separation and Record of Service), and a hand written self-authored note in support of his application.

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.  On 16 April 1980, the applicant enlisted in the Massachusetts Army National Guard under the name Cxxxx Rxxxxx Vxxx for a period of six years.  His enlistment contract authenticated in his own hand shows his name as
Cxxxx Rxxxxx Vxxx.  He completed basic and advanced individual training and was awarded the military occupational specialty 12B (Combat Engineer).  The highest rank he attained while serving was private first class/pay grade E-3.

3.  His DD Form 214 authenticated in his own hand shows his name as 
Cxxxx Rxxxxx Vxxx.  The applicant was honorably discharged from the Army Reserve (Reinforcement) on 14 April 1990 under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations) under the same name of Cxxxx Rxxxxx Vxxx.  He completed a total of 9 years, 11 months, and 
29 days of creditable military service.  Throughout the applicant's official military record it shows his name as Cxxxx Rxxxxx Vxxx.

4.  The applicant's birth registration card shows his name as Cxxxx Rxxxxx Vxxx.

5.  The applicant provides a copy of a court order from the Commonwealth of Massachusetts which shows his name was changed from Cxxxx Rxxxxx Vxxx to Rxxxx Sxxxx Mxxxxz on 21 June 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his military records be corrected to show he served his term of service under the name Rxxxx Sxxxx Mxxxxz.

2.  Evidence shows he was enlisted under the name, Cxxxx Rxxxxx Vxxx.  Therefore, the Army records are consistent with his birth registration card.

3.  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.

4.  Although the applicant provides a copy of a court order changing his name to Rxxxx Sxxxx Mxxxxz, he appropriately served in and was discharged under the name he provided upon his entry into the Massachusetts Army National Guard.  The documents submitted by the applicant shows he legally changed his name on 21 June 2001 which is 11 years after he was separated.

5.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.

6.  A copy of this decisional document, along with this application, which confirms his name change, will be filed in the applicant's OMPF.  This should serve to clarify any questions or confusion regarding the different names, and adequately document his record for the purpose of entitlement to veterans' benefits.

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)                                         AR20080015894



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20080015894



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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