IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110014057
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 item 1 (Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first and middle names as "Jim Porter."
2. The applicant states he changed his name on 22 July 1980.
3. The applicant provides:
* affidavit to amend a record, dated 22 July 1980
* driver's license
* amended birth certificate
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 enlistment contract shows his first name as "Richard" and his middle name as "Freedom." He enlisted in the Regular Army on 19 October 1972 for a period of 2 years. He completed his training and was awarded military occupational specialty 45K (tank track repairman). On 6 September 1973, he was discharged under honorable conditions (a general discharge).
3. Item 1 of his DD Form 214 shows the first name "Richard" and middle name "Freedom."
4. All of his service personnel records show his first name as "Richard" and his middle name as "Freedom."
5. He provides an affidavit to amend a record, dated 22 July 1980, which shows his first and middle names were changed to "James Porter" instead of "Richard Freedom." He also provides an amended birth certificate which shows the first name "Jim" and middle name "Porter."
6. Army Regulation 635-5 (Separation 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. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
2. His enlistment record and service personnel records show the first name Richard and middle name Freedom. It appears he appropriately served in and was discharged from active duty under the first name Richard and middle name Freedom. He changed his name in 1980, 7 years after he was discharged from active duty. While the applicant's desire to have his records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, his DD Form 214.
3. The applicant is advised that a copy of this decisional document which confirms his legal name change will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion regarding the difference in the names in his OMPF and satisfy his desire to have his current legal 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) AR20110014057
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ABCMR Record of Proceedings (cont) AR20110014057
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