IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20090000740
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, correction of his military records to show his current name.
2. The applicant states, in effect, that the court has changed his name from David Jeffrey H____ B____ to Kjrisma David B____. His military records are now incorrect and should be changed based on the court order.
3. The applicant provides copies of his Georgia and Nevada identification cards; Social Security Card; credit cards; credit union membership card; gun registration cards; a letter from the Department of the Veterans Affairs (VA), Las Vegas, Nevada; a letter from the National Personnel Records Center; a letter from the New Jersey Department of Health and Senior Services; and two U.S. Treasury checks 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 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. On 20 May 1982, the applicant enlisted in the Regular Army under the name of David Jeffrey H____. He completed his initial training and was awarded military occupational specialty 43M (Fabric Repairer).
3. On 7 September 1983, the applicant requested that his name be changed to David Jeffrey B____. The basis for this request was a court judgment of adoption. On 13 September 1983, the appropriate authority approved the request and directed that all of his military records be accordingly changed.
4. On 14 July 1986, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 4 years, 1 month, and 25 days of creditable active duty service.
5. Item 1 (Name) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his name as David Jeffrey (H____) B____. The applicant signed the form using this same first and last name.
6. The documents provided by the applicant show that he is currently using the name Kjrisma David B____. He does not provide any official documentation showing that a court has ordered a change of his name. The VA letter that he provides requested that he provide documentation to the VA to verify his name change.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the military should change his records in accordance with the court judgment.
2. The evidence provided by the applicant clearly shows that he is currently using a name that is different from the names he used during his period of military service. The applicant has not provided any official documentation showing that a court has ordered a change of his name.
3. There is no evidence presented that shows 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 fact that he now desires a change to the name for personal reasons is not sufficient, even if he had an official court order, to warrant granting of relief.
4. 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.
5. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided confirming his current name will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record and satisfy his desire to have his name documented in his record.
6. In view of the above, the applicants request should be denied.
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) AR20090000740
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ABCMR Record of Proceedings (cont) AR20090000740
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