IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021210
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 correction of his military service records and his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 1999 to change her first name and middle name to Daphne Amber instead of David Wayne.
2. She states that she had a legal name change with the court and is legally recognized under the law with her new name. Her legal documents have been officially changed to reflect her name, including her birth certificate, social security, driver license, and academic records.
3. She provides:
* a DD Form 214
* a Order for Change of Name from the Chancery Court for Montgomery County Tennessee at Clarksville
* a amended State of Louisiana Certificate of Live Birth
* a State of Tennessee Driver License
* a Social Security Card
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 was appointed as a USAR commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 29 May 1984 in the Louisiana Army National Guard (LAARNG).
3. All documents in his service records show first and middle name as David Wayne.
4. On 1 April 1999, he was honorably discharged from active duty. His DD Form 214 shows his first and middle name as David Wayne.
5. He provided copies of his State order for change of name, State of Louisiana Certificate of Live Birth, State of Tennessee Driver License, and Social Security Card that indicate his first and middle name has been changed to Daphne Amber.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. 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 requests correction of her military records and DD Form
214 should be changed to show her first and middle name as Daphne Amber.
She provided copies of his State order for change of name, State of Louisiana Certificate of Live Birth, State of Tennessee Driver License, and Social Security Card name as Daphne Amber. However, the documents are insufficient
evidence to show that her first and middle name of David Wayne as shown on her military records and DD Form 214 should be corrected, and she has not shown that the Army's records are indeed wrong.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable that she desires to now record her correct first and middle name in her available records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. She is advised that a copy of this decisional document along with her application and the supporting documents she provided will be filed in her records. This should serve to clarify any questions or confusion with regard to the difference in the first and middle name recorded in her available military records and satisfy her desire to have her correct first and middle name documented in his military records.
4. In order to justify correction of a military record she must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. She has failed to submit evidence that would satisfy the aforementioned requirement.
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) AR20100021210
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