IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013736
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, in effect, correction of his records to show his name as Jxxxxx Exxxxx Bxxxxx instead of Jxxxxx Exxxxx Hxxxxxx.
2. He states, in effect, after he was discharged he changed his legal name to Jxxxxx Exxxxx Bxxxxx. He wishes to have his military documents corrected to show Jxxxxx Exxxxx Bxxxxx as his legal and binding name.
3. He provides his DD Form 214 (Report of Separation from Active Duty) and a copy of a Seventeenth Judicial Circuit Court in and for Broward County order granting a name change.
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. On 17 August 1976, the applicant enlisted in the Regular Army under the name Jxxxxx Exxxxx Hxxxxxx. His enlistment contract authenticated in his own hand shows his name as Jxxxxx Exxxxx Hxxxxxx.
3. He was released from active duty on 16 August 1979. He completed a total of 3 years of creditable active military service. His DD Form 214 authenticated in his own hand shows his name as Jxxxxx Exxxxx Hxxxxxx. He was honorably discharged from the U.S. Army Reserve on 29 July 1982, under the same name of Jxxxxx Exxxxx Hxxxxxx. Throughout his official military record it shows his name as Jxxxxx Exxxxx Hxxxxxx.
4. The applicant provides a copy of a court order from the Seventeenth Judicial Circuit Court in and for Broward County which shows his name was changed from Jxxxxx Exxxxx Hxxxxxx to Jxxxxx Exxxxx Bxxxxx on 13 April 1988.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his military records be corrected to show he served his term of service under the name of Jxxxxx Exxxxx Bxxxxx.
2. His records show he enlisted and served under the name of Jxxxxx Exxxxx Hxxxxxx.
3. The Army has an interest in maintaining the accuracy 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.
4. Although the applicant provides a copy of a court order changing his name to Jxxxxx Exxxxx Bxxxxx, he appropriately served in and was discharged under the name he provided upon his entry into the Army. The document submitted by the applicant shows he legally changed his name on 13 April 1988 which is 6 years after he was discharged.
5. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
6. A copy of this decisional document, which confirms his name change, will be filed in the applicant's OMPF. This should serve to clarify any questions or confusion regarding the different names, and adequately document his record for the purpose of entitlement to veterans' benefits.
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) AR20110013736
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ABCMR Record of Proceedings (cont) AR20110013736
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