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 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 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
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ABCMR Record of Proceedings (cont) AR20110004275
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