BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100026633
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 the spelling of his first name be corrected to Jxxxxxx.
2. The applicant states that this is the correct spelling of his birth name.
3. The applicant provides copies of his 1960 birth certificate showing his first name as Jxxxxxx, a 1969 corrected birth certificate that changed his last name, and a current driver's license.
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, served and was discharged using the first name Gxxxxxxx. A DD Form 1966/2 (enlistment document) shows that the name shown on his birth certificate is "Jxxxxxx," but his preferred enlistment name was "Gxxxxxx."
DISCUSSION AND CONCLUSIONS:
1. The applicant used "Gxxxxxxx" by choice and now he has made a different choice.
2. The Army, however, has an interest in maintaining the integrity 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.
3. While the applicant's current choice is understandable, in the absence of a material error or injustice, there is a reluctance to recommend changes to his records.
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) AR20100026633
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ABCMR Record of Proceedings (cont) AR20100026633
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