IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015695
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his full name as "K-----h D-----e B-----s
B---r," instead of "K----h D----e B----s."
2. He states his name is incorrect on his DD Form 214.
3. He provides a copy of his Certificate of Birth from the Indiana Department of Public Health.
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 initially enlisted in the Regular Army on 7 May 1983. His name on the DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) is shown as "K-----h D-----e B-----s." He signed the form as "K-----h D-----e
B-----s."
3. He reenlisted in the Regular Army on 31 August 1989 for a period of 3 years. The DD Form 4 completed for this reenlistment shows his name as "K-----h
D-----e B-----s" and he signed using the same name.
4. His record contains a DA Form 428 (Application for Identification Card), dated 19 October 1989 and a DD Form 93 (Record of Emergency Data), dated 2 April 1990. Both documents show his name as "K-----h D-----e B-----s" and he signed using the same name.
5. On 24 May 1991, he was honorably discharged. His DD Form 214 for this period of service shows his name as "K-----h D-----e B-----s" and he signed using the same name.
6. The Indiana Department of Public Health, Certificate of Birth provided by the applicant shows the name "K-----h D-----e B-----s B---r". This certificate was issued by the Registrar Vital Records Division on 3 June 2003.
DISCUSSION AND CONCLUSIONS:
1. The applicant's initial enlistment document shows he began using the name of "K-----h D-----e B-----s" upon entry in the Army, and he continued to use this name throughout his career.
2. It appears he is now using the name that appears on his claimed Certificate of Birth. While the applicant's desire to have his military records changed is understood, there is no basis for compromising the integrity of the Army's records well over 20 years after his discharge.
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 correct full 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 correct full name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the full name recorded in his military record and to satisfy his desire to have his correct full 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) AR20110015695
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ABCMR Record of Proceedings (cont) AR20110015695
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