IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090020100
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 military records be corrected to show his current name.
2. The applicant states he would like his records to show his new name.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and an 8 September 2008 court order.
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 applicant enlisted on 9 September 1982 and served his entire period on active duty under the name D____ (NMN) R____-N____.
3. On 8 September 2008, the 6th Judicial Circuit Court for Pinellas County, Florida granted the applicant's request to change his name to D____ J_____ N____.
4. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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. The applicant states he would like his records to show his new name.
2. A DD Form 214 is a static document. The applicant served under the name D____ (NMN) R____-N____ for his entire period of service and did not change his name until September 2008.
3. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct 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) AR20090020100
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ABCMR Record of Proceedings (cont) AR20090020100
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