IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100022631
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 his military records be changed to reflect his new name.
2. The applicant states he legally changed his last name in 2010 and would like his military records changed to reflect this new name.
3. The applicant provides a court-order name change document issued in Puerto Rico on 24 August 2010.
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 applicants record contains a DD Form 47 (Induction Record) prepared during his induction processing on 9 October 1968. This lists the last name he would now like changed in item 1 (Name). All other documents prepared on him during his entrance processing list the name he would now like changed.
3. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty also lists the last name he would now like changed item 1 (Name) and the applicant signed the form using the name he would now liked changed in item 47 (Signature of Individual) on 15 April 1969. Item 48 (Date of Audit) shows he last audited this record on 13 April 1971.
4. All the official documents and orders contained in the applicants official military personnel file (OMPF) list the same name as it is recorded on his
DD Form 47 and DA Form 20.
5. On 7 July 1971, the applicant was honorably released from active duty (REFRAD) in the rank of private first class/E-3, after completing 2 years of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time lists the name as it is recorded in his DD Form 47 and DA Form 20, and in all other documents on file in his OMPF. The applicant authenticated this document with his signature in item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD using the name recorded elsewhere in his record and on the DD Form 214.
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 states, in pertinent part, that 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. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 1 (Name) state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his record and DD Form 214 be changed to reflect his new legally-changed name has been carefully considered. However, while his desire to change his military record to reflect his current name is understood, the record shows he entered, served, and was separated under the name listed on his DD Form 47, DA Form 20, and all documents on file in his OMPF.
2. 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. There appears to be no compelling reason to compromise the integrity of the Armys records to correct his name at this late date.
3. This Record of Proceedings, along with the application and supporting documents will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the name listed in his record and the one he is now using. Filing the Boards decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which he served.
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) AR20100022631
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ABCMR Record of Proceedings (cont) AR20100022631
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