Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110004275
Original file (20110004275.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110004275 


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 the name recorded in his military records and on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states he legally changed his name in 1994, and would like the name recorded in his military records and on his DD Form 214 changed accordingly.  

3.  The applicant provides a court-order, dated 7 April 1994 in support of his application. 

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's record shows he enlisted in the Regular Army on 25 July 1978.  The DD Form 4 (Enlistment/Reenlistment Agreement), commonly referred to as the enlistment contract, lists the name he now wishes changed in item 1 (Last Name – First Name – Middle Name).  All other documents prepared during his enlistment processing, which includes those completed and signed by the applicant, all list the name he now wishes to change.  

3.  The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty also lists the name he now wishes to be changed in item 1 (Name).  The applicant authenticated this record with his signature using the same name in item 34 (Signature) on the date the record was prepared.  Item 33 (Date) shows he last reviewed the record on 30 January 1981.  

4.  All official documents and orders in the applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) list the name he now wishes to change.

5.  On 2 June 1981, the applicant was honorably released from active duty, in the rank of specialist four/E-4, by reason of physical disability.  The DD Form 214 he was issued lists the name he now wishes to be changed in item 1 as it is recorded on his DD Form 4, DA Form 2-1, and all other documents in his MPRJ.

6.  The applicant provides a copy of a legal name change form issued by the Superior Court of California, County of Los Angeles, dated 7 April 1994, which shows he changed his name.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the name as it is recorded in the military record will be entered in item 1 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change the name recorded in his military records to the name that he uses due to a legal name change on 7 April 1994 has been carefully considered.  However, while it is understandable why the applicant would like the name in his military records changed to the name he now uses, the Army has an interest in maintaining the accuracy 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.



2.  The available evidence shows the applicant entered, served, and was separated under the name as it is listed on his DD Form 214, DD Form 4, DA Form 2-1, and all other documents in his MPRJ.  Absent evidence showing he attempted to correct or change his name while serving in an active duty status it is presumed he voluntarily chose to serve using the name recorded in his military records.

3.  This Record of Proceedings along with the application and supporting documents will be filed in his military record.  This will provide clarity and deal with confusion arising from the difference in the name in his military records and the name that he uses due to a legal name change while guaranteeing the historical integrity of the of the applicant's military record regarding the name under which he served.

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)                                         AR20110004275



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004275



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100022257

    Original file (20100022257.txt) Auto-classification: Denied

    The applicant requests the first name listed in his military records be corrected. All official documents and orders in the applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) list the same first and middle names as they are recorded on his DD Form 4 and DA Form 20. This Record of Proceedings along with the application and supporting documents will be filed in his military record.

  • ARMY | BCMR | CY2010 | 20100029288

    Original file (20100029288.txt) Auto-classification: Denied

    The applicant provides copies of his birth certificate, social security card, DD Form 214, and DD Form 215 (Correction to DD Form 214) in support of his application. 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. This Record of Proceedings along with the application and supporting documents will be filed in his military record.

  • ARMY | BCMR | CY2004 | 20040011698C070208

    Original file (20040011698C070208.doc) Auto-classification: Denied

    The evidence of record confirms the last name shown on both of the applicant's DD Forms 214 is identical to the name recorded on his Personnel Qualification Record. As a result, there is no error in the last name shown on the applicant's separation documents nor throughout his military records. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.

  • ARMY | BCMR | CY2012 | 20120000653

    Original file (20120000653.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 3 (Social Security Number (SSN)) his SSN as "XX3-XX-XXX4" * item 22c (Foreign and/or Sea Service) his total foreign service * item 30 (Remarks) his first tour of duty in the Republic of Vietnam (RVN) 2. However, given the use of multiple SSN's, it would be...

  • ARMY | BCMR | CY2012 | 20120011524

    Original file (20120011524.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Therefore, the SSN listed in the applicant's military records should not be changed at this time. ABCMR Record of Proceedings (cont) AR20120011524 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011524 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1

  • ARMY | BCMR | CY2011 | 20110015110

    Original file (20110015110.txt) Auto-classification: Denied

    The applicant's DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty lists the SSN the applicant claims is incorrect in item 2 (SSN). The orders and documents in the applicant's military personnel records jacket (MPRJ) that contain an SSN list the same SSN that is entered on the DD Form 4 and DA Form 2-1. The DD Form 214 he was issued at the time contains the SSN listed throughout his military record.

  • ARMY | BCMR | CY2014 | 20140003649

    Original file (20140003649.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests the name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 July 1991 be changed to reflect his name as legally changed in a Decree for Change of Name from the Circuit Court for Montgomery County, MD filed on 3 August 1994. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of...

  • ARMY | BCMR | CY2011 | 20110017608

    Original file (20110017608.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB), social security number (SSN), and place of birth. All orders, documents, and other information on file in the applicant's military personnel records jacket (MPRJ), some of which were authenticated by the applicant with his signature, all contain the DOB as those entered on his DD Form 41 and DA Form 20. The evidence of record...

  • ARMY | BCMR | CY2011 | 20110019181

    Original file (20110019181.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to reflect the spelling of his first name as it is reflected on his birth certificate. The applicant's request to change the spelling of his first name in his military records to reflect the first name as it is listed on his birth certificate has been carefully considered.

  • ARMY | BCMR | CY2011 | 20110006526

    Original file (20110006526.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states the SSN and DOB listed on his DD Form 214 should be corrected. The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 26 June 1968, upon his entry on active duty, lists his SSN using the number 3 as the last digit in item 1 (Name and SN), and lists his DOB as 23 Axxxxx xxx8 in item 6 (DOB).