BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110018489
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 last name be changed in his service records.
2. The applicant states after he was discharge, he changed his last name.
3. The applicant provides:
* a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a copy of his Petition for Naturalization
* a copy of his marriage license
* copies of his driver license, social security card, real estate license
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 was inducted into the Army of the United States on 12 February 1964. At that time his last name ended with the letter "J."
3. The applicant served until 17 December 1964 when he was honorably released and transferred to the U.S. Army Reserve. His DD Form 214 shows his last name as XXXJ.
4. Every document in the applicant's personnel file shows his last name as XXXJ.
5. On 19 May 1972, the applicant became a naturalized U.S. citizen and chose to legally change his last name from XXXJ to XXXY.
6. Army Regulation 635-5 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. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge [emphasis added]. It further state that the entry for block 9 (Last Name, First Name, Middle Name) to enter last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his records to show his current last name.
2. The applicant's evidence of record shows he served under the name of XXXJ. His service records are consistent with the name he used at the time he served. Eight years after separation, he became a U.S. citizen and changed his last name to XXXY.
3. For historical purposes, the Army has an interest in maintaining the integrity 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his name change 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 will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regards to the last name recorded in his military record (i.e., his DD Form 214) and his desire to have his records corrected to show his 1972 name change.
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) AR20110018489
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ABCMR Record of Proceedings (cont) AR20110018489
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