BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110012942
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 the first name of L___y on his military records to show his first name as "G_____t."
2. The applicant states, in effect, his birth first name is G_____t not L____y as shown on his DD Form 214 (Report of Separation from Active Duty).
3. The applicant provides:
* Birth Certificate
* Social Security Card
* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Orders Number D-12-057173
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's record shows he enlisted in the Army National Guard (ARNG) on 26 January 1978 and he was separated from the ARNG on 2 May 1983 and was transferred to the U.S. Army Reserve. He was discharged from the U.S. Army Reserve on 5 December 1984 with an honorable characterization of service.
3. A thorough review of every document contained in his available military personnel records with the exception of his DD Form 214 show his first name consistently appears as "G__y." Many of these documents bear his signature with this first name.
4. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his first name as "L___y."
5. The applicant provides a copy of his birth certificate and social security card which shows his first name as G_____t.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 the first name of L___y on his military records should be corrected to show his first name as "G_____t" was carefully considered.
2. The evidence of record shows his first name consistently appeared as "G___y" based on the preponderance of documents in his available service personnel records. He authenticated many of these documents by placing his signature in the appropriate blocks.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. While it is understandable the applicant desires to now record his birth name in the military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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 that may arise regarding the name recorded in the applicant's military records and to satisfy his desire to have the first name he currently uses 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) AR20110012942
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ABCMR Record of Proceedings (cont) AR20110012942
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