IN THE CASE OF:	  

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20080017908 


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 that his name shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from J____ L___ B____ to J____ L___ G____.

2.  The applicant states that he needs to have his DD Form 214 changed to reflect his legal last name of G____, instead of B____ because the last name of B____ was his step-father's last name and he now uses his legal last name of G____.

3.  The applicant provides a copy of his State of Washington, Department of Health, Certificate of Live Birth showing his last name of G____.

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 U.S. Army Reserve (USAR) in Fargo, North Dakota on 17 April 1981, under the delayed entry program (DEP).  On 26 May 1981, the applicant was discharged from the DEP.  On 27 May 1981, he enlisted in the Regular Army (RA) for a period of 3 years, training in military occupational specialty (MOS) 63T (improved tow vehicle (ITV) systems mechanic), and assignment to Fort Bliss, Texas.

3.  At the time of his enlistment he indicated on his DD Form 1966/8 (Record of Military Processing – Armed Forces of the United States), Section X (Statement of Name for Official Military Records) that while his legal name was J____ L___ G____, he preferred to use the name J____ L___ B____.  He also indicated that his Social Security Account Number reflects the name J____ L___ B____.

4.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training (AIT) at Fort Knox, Kentucky.  While attending AIT, he swapped [exchanged] his assignment to Fort Bliss for an assignment to Germany.

5.  He was transferred to Germany on 5 October 1981, and on 1 March 1983 he was advanced to the pay grade of E-4.  He departed Germany on 26 March 1983 and was transferred to Fort Bliss.

6.  On 13 September 1983, he was discharged under honorable conditions in the pay grade of E-1 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13 for unsatisfactory performance.  He had served 2 years, 3 months, and 17 days of total active service.  His DD Form 214 reflects that he was discharged under the name of J____ L___ B____.  Additionally, all of the documents in the applicant's records are recorded as and signed under the name J____ L___ B____.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldier’s personnel record.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have the name recorded in his military records changed to his current legal name is understood.  However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.

2.  The evidence of record shows that the applicant enlisted, served, and was discharged from active duty under the name J____ L___ B____.  His records also show that he specifically requested to be enlisted under the name of J____ L___ B____ instead of his legal name of J____ L___ G____ and he indicated that his Social Security Account Number was issued under the name of J____ L___ B____.

3.  The fact that he has now decided, more than 25 years after his discharge from active duty, to use his legal name of J____ L___ G____ is not a sufficiently mitigating factor that warrants granting the requested relief.

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  The Army has an interest in maintaining the accuracy 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.  While it is understandable the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his current name documented in his OMPF.

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)                                         AR20080017908



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017908



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1