IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003653
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 amendment to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name change.
2. He states that the Circuit Court of Cook County legally changed his and his familys names. He needs this change done to his military records also because he is in business as a U.S. Veteran-owned business. His social security number stays the same, just the name is what he needs to be corrected.
3. He provides:
* Two copies of his DD Form 214
* Circuit Court of Cook County Judgment
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's military records show he was inducted into the Army of United States on 24 February 1971. He was honorably released from active duty on 18 April 1972 and was transferred to the U.S. Army Reserve (USAR) Control Group.
3. Item 1 (Name (Last, First, Middle) of his DD Form 214 shows the name he served under.
4. He was honorably discharged from the USAR on 23 February 1977 and issued orders showing the same name he served under in the active Army.
5. The military documents that are on file in his official military personnel file (OMPF) show that the applicant served and was released from the Army under the name shown on his DD Form 214 and USAR discharge orders. There is no evidence in his service personnel records to show he legally changed his name while he served in the Army or USAR.
6. He legally changed his first, middle, and last names on 28 April 1977.
7. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers 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 served in and was discharged in the name that is shown in the records and on his DD Form 214 and USAR discharge orders. The name change was effected subsequent to discharge. Therefore, his military records, DD Form 214, and discharge orders are correct as currently constituted and, as a result, there is no basis for granting him the requested relief.
2. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army's records, 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.
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) AR20110003653
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