BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110004117
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 middle and last names as "Gxxxe Sxxxh" instead of "Txxxxs Ixxxxxxt."
2. The applicant states he served under the middle and last names of "Txxxxs Ixxxxxxt" but he changed his middle and last names to "Gxxxe Sxxxh" after his discharge. He would like his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect this change.
3. The applicant provides a court order, dated 14 July 2010, granting his petition to change his middle and last names.
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 Regular Army (RA) on 7 February 1984. Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment/ Reenlistment Document) listed his middle and last names as "Txxxxs Ixxxxxxt." He authenticated this form by placing his signature in the appropriate item using this name.
3. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his middle and last names as "Txxxxs Ixxxxxxt." He authenticated this form at a later date by placing his signature in the appropriate item using this name.
4. His records contain several personnel, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, assignment orders, a separation packet, a record of nonjudicial punishment, a certificate of security clearance, and various other orders that show his middle and last names as "Txxxxs Ixxxxxxt." He authenticated some of these forms, as required, by placing his signature in the appropriate place using this name.
5. He was discharged on 24 March 1987. Item 1 of his DD Form 214 listed his middle and last names as "Txxxxs Ixxxxxxt." He authenticated this form by placing his signature in the appropriate item using this name.
6. He provides a court order, dated 14 July 2010, granting his request to change his middle and last names to "Gxxxe Sxxxh."
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 establishes standardized policy for the preparation of the DD Form 214. 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 evidence of record shows the applicant used the middle and last names of "Txxxxs Ixxxxxxt" upon his initial enlistment in the RA. These middle and last names are consistent with the middle and last names on all official military records throughout his military service. He authenticated several forms that contain these names. He did not use the middle and last names that he currently uses during his period of military service.
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 now record his correct middle and last names in his military records, there is no a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Nevertheless, a copy of this Record of Proceedings will be filed in his Official Military Personnel File to document the middle and last names he currently uses.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20110004117
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