IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110009695 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as J____ L. A____ instead of J____ L. R____.

2.  The applicant states he was never adopted.  He used the name J____ L. R____ during high school and in the Army.  He needs his name corrected so he can obtain an identification card for commissary and exchange privileges.

3.  The applicant provides an Application Summary for Disability Insurance Benefits.

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 enlisted in the U.S. Army Reserve Delayed Entry Program on 19 July 1978 and in the Regular Army on 27 September 1978.

3.  His official military personnel file (OMPF) contains the following documents that show his name as the name he now claims is incorrect:

* DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* DA Form 428 (Application for Identification Card)
* Servicemen's Group Life Insurance election
* Army Good Conduct Medal
* Promotion orders
* release from active duty orders

4.  He was released from active duty on 24 September 1982.  His DD Form 214 shows the name he now claims is incorrect.  He authenticated his DD Form 214 with his signature using this name.

5.  There is no evidence in his OMPF showing he served under the name he now claims is correct.

6.  He provides an Application Summary for Disability Insurance Benefits that shows he has used six different variations of his name.

7.  Army Regulation 635-5 (Separations Documents) 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 Soldier's 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 applicant's contention that his DD Form 214 should be corrected to show a different name has been carefully considered.

2.  The evidence of record shows he served under the name J____ L. R____ throughout his entire military career.  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 his desire to now record his correct name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this Record of Proceedings will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his 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)                                         AR20110009695



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ABCMR Record of Proceedings (cont)                                         AR20110009695



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