BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110008412
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 military records to show a name change from Kathy Ann to Jay Anthony.
2. The applicant states the name change was legally effective in June 1995.
3. The applicant provides a copy of the name change court order.
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 served on active duty under the name Kathy Ann D____ from 1 February 1989 through 19 October 1989.
3. The applicant was honorably discharged by reason of a personality disorder on 19 October 1989 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-13.
4. On 15 June 1995, the Circuit Court of the State of Organ for the County of Marion granted the applicant a legal name change to Jay Anthony D____.
DISCUSSION AND CONCLUSIONS:
1. By the applicant's own admission, the legal name change did not occur until 6 years after discharge.
2. For historical purposes, 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. 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 that the applicant desires to now record the current name in the applicant's military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. While correction of the DD Form 214 would be inappropriate, the applicant is advised that a copy of this decisional document will be filed in the applicant's official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the different name recorded in the military record and to satisfy the applicant's desire to have the current name documented in the OMPF.
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 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) AR20110008412
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ABCMR Record of Proceedings (cont) AR20110008412
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