IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028717
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 his military records to include his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect his new name.
2. He states he legally changed his entire name in 2010 and would like his military records changed to reflect this new name.
3. He provides:
* His DD Form 214
* A Texas Court Order authorizing his name change, dated 17 May 2010
* Copy of his Driver License, issued by the State of Texas
* Military Identification Card
* His Social Security Card
* His Department of Veterans Affairs (VA) Certificate of Eligibility
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 on 30 July 2002 under the name of H____r G_____o T_____s.
3. The DD Form 4 (Enlistment/Reenlistment Document prepared upon his entry on active duty also lists the name H____r G_____o T_____s.
4. All of the official documents contained in his official military personnel file (OMPF) list his name as it is recorded on his DD Form 4.
5. On 30 July 2002, he was discharged after completing 2 years, 2 months, and 2 days of active military service in the rank of private first class/E-3. Item 1 (Name) of the DD Form 214 lists his name as H____r G_____o T_____s.
6. He submitted a copy of a Texas Court Order that shows his name was legally changed to D___d J____h T. C_____e on 17 May 2010.
7. The driver license, military identification card, and social security card that he submitted show his new name. However, the VA Certificate of Eligibility shows the name he used at the time of enlistment and in which he served on active duty.
8. 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. While the applicant's desire to change his military records and his DD Form 214 to reflect his current name is understood, the available evidence shows he entered, served, and was separated from active duty under the name that is listed on his DD Form 214 and all others documents in his OMPF.
2. The Army 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. There appears to be no compelling reason to compromise the integrity of the Armys records by changing 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 to provide clarity and to deal with any confusion that may arise regarding the difference in the name he used when he served on active duty and the name he currently uses.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100028717
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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