IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110009986
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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 8 January 1959 and 7 August 1962 to show his first name as "G____."
2. He states he entered the Army using the first name "J____." He would now like his first name changed to his birth name of "G____."
3. He provides no additional evidence.
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 military records show he was inducted into the Army of the United States on 11 January 1957. Item 1 (Last Name First Name Middle Name) of his DD Form 47 (Record of Induction) shows his first name as "J____."
His induction statement, dated 11 January 1957, shows he signed his first name as "J____."
3. His DA Form 20 (Enlisted Qualification Record) shows his first name as "J____."
4. He was honorably released from active duty on 8 January 1959 and he was transferred to a Reserve unit.
5. Item 1 (Last Name First Name Middle Name) of his DD Form 214 lists his first name as "J____."
6. He was ordered to active duty and entered active duty on 14 October 1961.
7. He was honorably released from active duty on 7 August 1962 and he was transferred to the U.S. Army Reserve.
8. Item 1 of his DD Form 214 lists his first name as "J____."
9. The military documents on file in his official military personnel file show he served in and was released from the Army in 8 January 1959 and 7 August 1962 under the first name shown on his DD Forms 214. There is no evidence in his service personnel records to show he legally or administratively changed the ethnic variation of his first name during his period of service in the Army.
10. 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 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 evidence of record shows the applicant served in the Army on active duty from 11 January 1957 through 8 January 1959 and from 14 October 1961 through 7 August 1962 using the first name shown in his records and on his DD Forms 214. Therefore, his military records and DD Forms 214 are correct as currently constituted and, as a result, there is no basis for granting him the requested relief.
2. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. While his desire to have his DD Form 214 changed to show the birth name he now uses is understood, it is not a basis for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his official military personnel file for reference purposes.
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) AR20110009986
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ABCMR Record of Proceedings (cont) AR20110009986
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