IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110000327 


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 reflect his name as "A___O M____ G____."

2.  The applicant states his mother remarried when he was 8 years of age and changed his last name to "P____."  However, his stepfather never adopted him so he would like his name changed to his original last name of "G____."  He goes on to state he desires his first name reflected as "A___O," his middle name reflected as "M____," and his last name reflected as "G____."

3.  The applicant provides copies of his tax and bank records, his California Temporary Benefits Identification Card, his driver's license, and his DD Form 214.

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 enlisted in the Regular Army in Fresno, California, on 16 September 1980 for a period of 3 years, training as a field artillery target acquisition specialist, and assignment to the 2nd Armored Division.

3.  At the time of his enlistment he was a Mexican alien who declared his birth name was "G____, F____ A___O."  However, although he had not legally changed his name he desired to use the name of "P____, A___X M____."

4.  The applicant completed one-station unit training at Fort Sill, Oklahoma, and was transferred to Fort Hood, Texas, for his only duty assignment.

5.  He served under the name "P____, A___X M____" until he was discharged on 4 November 1982 under honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13, due to unsatisfactory performance.  He completed 2 years, 1 month, and 13 days of active service.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant knowingly enlisted and served under the last, first, and middle name of "P____, A___X M____" for the entire period of his service.

2.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now change his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided which confirms the name he is currently using will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his OMPF.  Accordingly, there is no basis for granting the applicant's requested relief.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this 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 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)                                         AR20110000327



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ABCMR Record of Proceedings (cont)                                         AR20110000327



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