IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20110002103
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 to change the spelling of the applicant's name from "Michael W____ G____" to "Michelle R____ G____" on the DD Form 214 (Certificate of Release or Discharge from Active Duty) and all other service documents.
2. The applicant states the name was legally changed on 7 June 2010.
3. The applicant provides a certified copy of a Decree Changing Name of Adult.
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 for 4 years on 3 April 1979. The DD Form 4 (Enlistment/Reenlistment Document) indicated "Michael W____ G____" as the spelling of the applicant's name. The applicant authenticated the document by signature on 16 February 1979 confirming the information contained therein was correct at the time. Additionally, all other available service documents reflect the applicant's name as "Michael W____ G____."
3. The applicant was honorably discharged on 30 August 1985. The applicant's DD Form 214 reflects the name "Michael W____ G____."
4. The applicant's name was legally changed on 7 June 2010.
5. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 4, DD Form 214, and all other available service documents reflect the applicant's name as "Michael W____ G____."
2. The Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable the applicant desires to now record the current name in the 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 the application and the supporting evidence the applicant provided will be filed in the official military personnel file (OMPF). This should serve to clarify any questions that may arise regarding the different name recorded in the applicant's military records and to satisfy the desire to have the current name documented in the OMPF.
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) AR20110002103
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ABCMR Record of Proceedings (cont) AR20110002103
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