BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008534
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 that his records be corrected to show his first name is Nxxx.
2. The applicant states he had his first name legally changed to Nxxx on 21 June 2006 and he desires his records to be corrected to reflect his current name.
3. The applicant provides a copy of a court order changing his first name.
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 on 1 April 1999 for a period of
3 years and training as a cavalry scout. He enlisted under the first name of Wxxxxxx.
3. He completed his training and served until he was placed on the Temporary Disability Retired List (TDRL) on 16 August 2002 with a 100% disability rating. On 15 August 2007, he was removed from the TDRL and placed on the Army of the United States (AUS) Retired List, effective 16 August 2007, with a 30% permanent disability rating.
4. On 21 June 2006, the applicants first name was changed to Nxxx by a court order issued in the U.S. District Court, Eastern District of New York.
5. On 23 February 2010, a DD Form 1343 (Notification of Change in Service Members Official Records) was approved by The Adjutant General and placed in the applicants official records to show a change in the applicants first name.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the first name of Wxxxxxx and his records properly reflect such. He changed his name after he was retired and his records, as changed by the DD Form 1343, reflect that change as well.
2. The applicants DD Form 214, however, was issued prior to his name being changed.
3. 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 current name in his military records, action has been taken to record his current name in his records but there is not a sufficiently compelling reason for compromising the integrity of the Armys records prior to his name change.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record, particularly his DD Form 214, and to satisfy his desire to further have his current legal name documented in his OMPF. Accordingly, there is no basis for granting the applicants requested relief.
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.
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