IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110003871
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 his two DD Forms 214 be corrected to show his current middle and last name.
2. The applicant states his U.S. Army Reserve (USAR) company did not follow through on his request to change his name on his DD Forms 214. He does not want to continue to have to submit the court order which changed his name when he submits his DD Forms 214 when applying for a job.
3. The applicant provides Orders 10-341-00048 dated 7 December 2010, a court order dated 9 November 2007, and his two DD Forms 214.
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 applicants military records show that he enlisted in the U.S. Army Reserve (USAR) on 1 October 1998.
3. He entered active duty in support of Operation Iraqi Freedom on 5 January 2004 and was honorably released from active duty on 29 May 2005. He was issued a DD Form 214 for this period of active service.
4. He reentered active duty in support of Iraqi Freedom on 25 June 2006 and was honorably released from active duty on 14 November 2007. He was issued a DD Form 214 for this period of active service.
5. He legally changed his name on 9 November 2007, 5 days before his release from active duty.
6. On 13 November 2007, he submitted a request to change his name to his new name. His commander verified the information and recommended approval of the applicant's request on 20 November 2007, 6 days after his release from active duty.
7. On 7 December 2010, he was honorably discharged from the USAR. The orders discharging him reflect his current name.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the correct name under which his active duty was performed.
4. While he changed his name 5 days prior to being released from active duty and requested his name be changed by the military a day before his release from active duty, his commander did not have a chance to verify the information in the request until 6 days after it was submitted. This is not an unreasonable amount of time.
5. His name was not changed by the Army until after he was released from his second period of active duty. As such, both periods of active service were performed in the applicant's former name.
6. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
7. After the applicant's request to change his name was processed and approved, subsequent military documents reflected his new name.
8. In view of the forgoing, there is no basis for granting the applicant's request.
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) AR20110003871
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ABCMR Record of Proceedings (cont) AR20110003871
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