BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110001110
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 a change of the name shown in his military records.
2. He states his name was J---C------- J------- A----- when he served in the military and his current name is J--- C------- J-------. He states, in effect, when he enlisted his first name was entered as J---C------- so the four elements of his name at the time would fit into a three-column format.
3. He provides 10 documents identified in a list.
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 U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) on 17 April 1998. He was discharged from the DEP and enlisted in the Regular Army on 16 June 1998. He was honorably released from active duty on 1 July 2004 and transferred to the USAR Control Group (Reinforcement) after completing 6 years and 16 days of net active service. On 18 April 2006, he was honorably discharged from the USAR upon completion of his military service obligation.
3. A review of his record in the interactive Personnel Electronic Records Management System shows he enlisted, served, and was discharged under the name J---C------- J------- A-----.
4. He provides an Amended Order Granting Change of Name, dated 10 May 1994, that shows prior to serving in the Army a Probate Court granted his petition to change his name from J--- C------- J------- to J--- C------- J------- A-----.
5. He provides a Decree Changing Name, dated 26 February 2007, showing after he had been discharged a Probate Court granted him a petition to change his name from J--- C------- J------- A---- to J--- C------- J-------.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant only used the name J---C------- J------- A----- during his period of Army service and changed his name to J--- C------- J------- after he was discharged.
2. For historical purposes, 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. 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 record his current 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 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 he used during his military service 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) AR20110001110
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ABCMR Record of Proceedings (cont) AR20110001110
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