IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014612 


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 discharge from the U.S. Army Reserve (USAR) be revoked and he be transferred to the Retired Reserve.  He also requests correction of his records to show his current name change.    

2.  He states:

* he never received his discharge order
* he hasn't been allowed to get an identification card or update his records to reflect his name change, new marriage, and new daughter

3.  He provides:

* Discharge orders
* Reassignment orders
* Judgment for Change of Name(s)
* Birth certificate
* Two social security cards
* Driver's license
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)

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 was born on 12 February 1955.  He enlisted in the USAR on 8 June 1979.  

3.  His personnel records in the integrated Personnel Management Records System show his name as C---- S------.  

4.  Orders 314-21L, dated 10 November 1999, show he was reassigned to the USAR Control Group (Reinforcement), effective 30 September 1999.

5.  His 20-Year Letter is dated 23 February 2000 and shows his name as 
C---- S------.  

6.  Orders D-05-028653, dated 23 May 2000, discharged him from the USAR on 23 May 2000 under the provisions of Army Regulation 135-175 (Army National Guard and Army Reserve Separation of Officers).  These orders show his name as C---- S------.  

7.  His 20-Year Letter and both orders were mailed to the same address.  

8.  His service record does not indicate he requested to be transferred to the Retired Reserve.  

9.  He provided a Judgment for Change of Name(s) which shows his name was changed from C---- S------ to J--- J----- on 9 November 2004.  

10.  He provided a social security card which shows his name as C---- S------.  He provided a copy of a second social security card and driver's license which both show his name as J--- J-----.

11.  His Chronological Statement of Retirement Points, dated 19 September 2011, shows he completed 20 years of qualifying service for retirement.  This statement shows his name as C---- S------.  


12.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning and transferring USAR Soldiers.  It states that assignment to the Retired Reserve is authorized in a number of circumstances, but an eligible Soldier must request transfer.

13.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that 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 applicant's contentions are acknowledged; however, there is no indication that an error or injustice exists in this case.  

2.  The evidence of record shows the applicant was discharged from the USAR, effective 23 May 2000.  

3.  He completed 20 years of qualifying service for retired pay at age 60 at the time of his discharge.

4.  Transfer to the Retired Reserve may be accomplished upon the application of an eligible member.  There is no evidence to show he ever requested transfer to the Retired Reserve once he was transferred to the USAR Control Group.  Therefore, there is insufficient basis in which to transfer the applicant to the Retired Reserve.

5.  For historical purposes, the Army has an interest in maintaining the accuracy 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.

6.  Although his name was changed to J--- J----- on 9 November 2004, his service records show he served in the USAR under the name C---- S------.

7.  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 or confusion in regard to the difference of the name in his military records and to satisfy his desire to have his current 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 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)                                         AR20110014612





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014612



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1