IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000669
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 was changed from Kxxxxx A. Mxxxxxxx to "Wxxx M. Gxxxxx."
2. He states he legally changed his name.
3. He provides copies of his DD Form 214, birth certificate, and a final judgment issued by the Superior Court of New Jersey, dated 18 March 2010, authorizing him to assume his new name.
CONSIDERATION OF EVIDENCE:
1. The available evidence shows he enlisted in the U.S. Army Reserve on 1 May 1995.
2. The applicant provides a DD Form 214 that is not contained in the available record. This DD Form 214 covers the period of service from 21 January 2003 through 10 April 2004. This DD Form 214 also shows he was honorably discharged due to a disability that existed prior to service as a result of a physical evaluation board.
3. A thorough review of every document contained in his available military personnel and medical records, many of which bear his signature, shows his name consistently appears as Kxxxxx A. Mxxxxxxx.
4. Item 1 (Name (Last, First, Middle) of his DD Form 214 shows his name as Kxxxxx A. Mxxxxxxx.
5. He provides a copy of his legal name change, dated 18 March 2010. In addition, he provides a copy of a birth certificate issued on 26 July 2010 which shows the name "Wxxx Mxxx Gxxxxx."
6. Army Regulation 635-5 (Separation Documents) 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 requests correction of his DD Form 214 to show his name as
"Wxxx M. Gxxxxx."
2. The applicant's name consistently appears throughout his record on every document as it is shown on his DD Form 214.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The fact that he changed his name in March 2010 is duly noted and copies of the decree will be added to his record along with a copy of these Proceedings. However, this does not change the conditions and circumstances that existed at the time his service records were created.
5. In view of the above, the applicant's request should be denied.
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) AR20110000669
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