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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080015894
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021157
The documents contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)), initiated and completed during his Regular Army period of service covered by his DD Form 214, consistently show his name as "Gxxxx, Robert Gxxx." The evidence of record shows that upon his enlistment into the Army, he listed his name as "Gxxxx, Robert Gxxx." The evidence of record further shows he used that name throughout his period of service in the Regular Army.
ARMY | BCMR | CY2012 | 20120007453
The applicant states: * his units medic was on rest and recuperation (R & R) leave when he was wounded * he is not sure if the medic who treated him was temporarily transferred to his unit it is possible he was from another unit * he cannot locate the medical card on which his injury was documented, but it may have been turned in to another unit since the medic who treated him may have come from another unit * his unit first sergeant (1SG) told him he would receive any awards he was due,...
ARMY | BCMR | CY2014 | 20140002146
n. In June 2013, a PEBLO (not Mr. Rxxxx) sent the applicant a DA Form 199, dated 21 May 2013, reflecting an informal PEB had determined that he continued to have an unfitting medical condition, but his rating was downgraded to 30% and recommended his permanent disability retirement. Counsel provides copies of the following: * applicant's Declaration * Joint DoD/VA Disability Evaluation Pilot Referral * DA Form 3947 * Annex 1 to Appendix C (Impartial Provider Review (IPR) Request) * two DA...
ARMY | BCMR | CY2001 | 2001062662C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is...
ARMY | BCMR | CY2015 | 20150002143
The applicant states he legally changed his name and requests that his Army records be changed to reflect his new name. A copy of this Record of Proceedings will be filed in the applicant's official military personnel file to serve as a record of the court-ordered name change. __________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.
ARMY | BCMR | CY2006 | 20060004404C070205
The applicant request, in effect, that his home of record be changed on his WD AGO Form 53-98 (Military Record and Report of Separation) from Medford, Massachusetts to Everett, Massachusetts. However, the evidence of record confirms that the applicant’s home of record at the time he was appointed and commissioned in the Army, was listed as Medford, Massachusetts. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that...
ARMY | BCMR | CY2014 | 20140005638
Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a former service member (FSM), requests correction of her father's records to show his last name as "Sxxxxc" instead of "Sxxxxs." The applicant is advised that a copy of this decisional document will be filed in the FSM's reconstructed Official Military Personnel File (OMPF).
ARMY | BCMR | CY2013 | 20130016887
The applicant provides copies of the following: * Self-authored statement * Judgment of Change of Name * DD Form 214 (Report of Separation from Active Duty) * Social Security Number Card * Louisiana Drivers License CONSIDERATION OF EVIDENCE: 1. The military documents that are on file in his Army Military Human Resource Record, formerly known as the official military personnel file, shows he served and was released from the Army under the name shown on his DD Form 214. There is no evidence...
ARMY | BCMR | CY2008 | 20080019571
The applicant requests that his records be corrected to show award of his Bronze Star Medal with the "V" Device. The applicant's DA Form 20 (Enlisted Qualification Record) provides the following pertinent information: a. his conduct and efficiency rates are recorded as "excellent"; b. he received multiple fragment wounds to his abdomen and lost his right eye due to wounds received on 4 November 1969; and c. his authorized awards are: the Purple Heart, the National Defense Service Medal, the...
ARMY | BCMR | CY2014 | 20140001700
The applicant, the grandson of a deceased former service member (FSM), requests the FSM's official Medal of Honor record be changed to show the name Rxxxxx Smith alias Hxxxx Reynolds. The applicant requests the FSM's official Medal of Honor record be changed to show the name Rxxxxx Smith alias Hxxxx Reynolds. _______ _ 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.