IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110011059
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 his military records and his discharge certificate be corrected to show his name as O_______i O_____i instead of S______d, J___b.
2. The applicant states O_______i O_____i is his correct name and that his discharge was changed on 12 February 1981.
3. The applicant provides:
* a letter, dated 25 March 1981, from the Office of the Adjutant General and the Adjutant General Center, Washington DC
* a court order, dated 3 October 1979, from the Circuit Court of the County of Pittsylvania
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
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. He was inducted into the Army of the United States on 1 July 1970. He completed basic combat and advanced individual training and was awarded military occupational specialty of 11B (Light Weapons Infantryman).
3. His DD Form 47 (Record of Induction) shows his name as S______d, J___b.
4. Documents throughout his Military Personnel Records Jacket (MPRJ) show his name as S______d, J___b.
5. On 23 November 1971, he was administratively discharged due to conduct triable by court-martial with undesirable service. His DD Form 214 shows his name as S______d, J___b. He completed 1 year, 4 months, and 23 days of active service.
6. On 3 October 1979, the Circuit Court of the County of Pittsylvania changed his name to O_______i O_____i.
7. On 12 February 1981, the Army Discharge Review Board (ADRB) upgraded his discharge to general, under honorable conditions. He was issued a new
DD Form 214 and his name is listed as S______d, J___b.
8. There was no discharge certificate in his MPRJ and he did not provide a copy of one.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 47 and all the documents in his MPRJ show his name as S______d, J___b.
2. He officially changed his name to O_______i O_____i on 12 February 1979 and it appears he is now using this name. However, the documents issued as a result of his discharge upgrade by the ADRB appropriately show the name he served with while in the military service. While the applicant's desire to have his military records changed is understood, an official name change over 7 years after his discharge does not justify compromising the integrity of the Army's records.
3. 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 the applicant desires to now record his legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms his legal name, will be filed in his MPRJ. 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 legal name documented in his MPRJ.
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) AR20110011059
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011059
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