IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110002062
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 records to show his full name as "Rxxxxx Jxxxx Wxxxxx" instead of "R----- J. K----."
2. The applicant states he recently discovered his name on his birth certificate is different; so, he requested a name change through the court.
3. The applicant provides his birth certificate and name change court order.
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. His records show he enlisted in the Regular Army on 29 September 1971. Item 5 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Contract) listed his full name as "R----- J. K----." He authenticated this form by placing his signature in the appropriate place using this full name.
2. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his full name as "R----- J. K----." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same full name.
3. His records contain several personnel, finance, legal, and medical documents including a record of emergency data, an insurance election certificate, an Armed Forces Security Questionnaire, an Armed Forces Fingerprints Card, assignment and separation orders, and various other orders that show his full name as "R----- J. K----." He authenticated some of these forms, as required, by placing his signature in the appropriate place using this name.
4. He was discharged from active duty on 27 March 1973. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 (Report of Separation from Active Duty) shows his full name as "R----- J. K----." He authenticated this form by placing his signature in the appropriate block using this spelling.
5. He submitted a birth certificate and a court order that show the name spelling "Rxxxxx Jxxxx Wxxxxx."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his full name as "R----- J.
K----" upon his enlistment in the Regular Army. This full name is consistent with the full name on all official military records throughout his military service. He authenticated several forms that contain this name. He did not use the requested name during his military service.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his full name.
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) AR20110002062
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ABCMR Record of Proceedings (cont) AR20110002062
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