BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017366
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 DD Form 214 (Certificate of Release or Discharge from Active duty) to show his name as A-i S-----z instead of G-----e J-----s.
2. The applicant states that he desires his records to be changed because he changed his name on 1 May 2002.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of a court order granting him leave to change his name from G-----e J-----s to A-I S-----z on 1 May 2002.
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 in the Regular Army in Brooklyn, NY under the name of G-----e J-----s on 23 October 1984 for a period of 3 years and training as a tactical satellite microwave systems operator.
3. He successfully completed his training and he served until he was honorably released from active duty on 20 October 1987 in the name of G-----e J-----s due to the expiration of his term of service. He served 2 years, 11 months, and 28 days of total active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory service obligation. He was honorably discharged from the USAR on 2 November 1992 under the name of G-----e
J-----s.
4. On 1 May 2002 the applicant obtained a court order from a civil court in the city of New York granting him leave to change his name to A-I S-----z.
5. Army Regulation 635-5 serves as the authority for the preparation of separation documents and that regulation provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form.
DISCUSSION AND CONCLUSIONS:
1. The applicant served his entire military service under the name of G-----e
J-----s. He was honorably released from active duty on 20 October 1987. He subsequently was granted a valid court order on 1 May 2002, changing his name to A-i S-----z.
2. 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 new name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his changed 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 record and to satisfy his desire to have his changed name documented in his OMPF.
4. Accordingly, there is no basis for granting the applicants requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x___ ____x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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) AR20100017366
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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