IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100027032
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as Jxxx Pxxx Axxxx instead of Jxxx Sxxx Axxxx Pxxxx.
2. The applicant states he would like his full name changed on his DD Form 214 to reflect his name change when he became a citizen in 1996. He adds that his previous name on his military records will cause an application for his Department of Veterans Affairs home loan to be delayed.
3. The applicant provides his DD Form 214 and his Certificate of Naturalization.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 13 January 1993. He completed initial entry training and was awarded the military occupational specialty of combat engineer. He attained pay grade E-4.
3. On 12 January 1996, he was honorably released from active duty. He completed a total of 3 years of active military service. His DD Form 214 shows his name as Jxxxx Sxxxx Axxxx Pxxxx. Throughout his official military records his name is shown as Jxxxx Sxxxx Axxxx Pxxxx.
4. The Certificate of Naturalization he provided shows he took the oath of allegiance on 27 March 1997 and shows his name as Jxxxx Pxxxx Axxxx.
5. 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. It states the DD Form 214 is a synopsis of the Soldier's 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's contention is understood; however, he has established no basis for compromising the integrity of the Army's records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
2. While he provides a Certificate of Naturalization showing his name as Jxxxx Pxxxx Axxxx, he enlisted, served, and was honorably released from active duty under the name shown in his military records. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Therefore, the copy of his Certificate of Naturalization provided several years after he was released from active duty is not sufficiently mitigating to warrant changing his military records, to include his DD Form 214.
3. He is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his current name documented.
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 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) AR20100027032
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ABCMR Record of Proceedings (cont) AR20100027032
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