IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110018674
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) for the period ending 26 August 1987 to show his name as "R____ R____" instead of "P____ R____ G____."
2. The applicant states he served under the name "P____ R____ G____" in the military However, his name was legally changed to "R____ R____" in 1996.
3. The applicant provides a 6-page Superior Court of California County of Los Angeles Petition for Change of Name, dated 10 October 1996.
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 enlisted in the U.S. Army Reserve on 29 January 1987.
3. All documents in his available service personnel and medical records show his name as "P____ R____ G____."
4. On 26 August 1987, he was honorably released from active duty for training. His DD Form 214 shows his name as "P____ R____ G____." He signed this document using the name "P____ R____ G____."
5. The applicant provides a Superior Court of California County of Los Angeles Petition for Change of Name that shows his name change to "R____ R____" effective 10 October 1996.
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. The applicant provided his Superior Court of California County of Los Angeles Petition for Change of Name that shows his name as "R____ R____"; however, this document is insufficient to change his name on his DD Form 214. He has not shown that the Army's records are in error as all official documents contained in his available service personnel and medical records show he served under the name of "P____ R____ G____."
2. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his name as "R____ R____" in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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 in the name recorded in his military record 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 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) AR20110018674
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018674
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015488
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as "El Paso, Texas" instead of "Los Angeles, California." The DD Form 214 he was issued at the time shows in: * item 7a (Place of Entry Into Active Duty) - "Los Angeles, California" * Item 7b (Home of Record at Time of Entry (City and state, or complete address if known)) - "Los Angeles, California" 10. The applicant's contention that his HOR should...
ARMY | BCMR | CY2009 | 20090009705
Application for correction of military records (with supporting documents provided, if any). Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in his military service records and on his DD Form 214. However, as a matter of record, a copy of this Record of Proceedings will be filed...
ARMY | BCMR | CY2011 | 20110000327
However, although he had not legally changed his name he desired to use the name of "P____, A___X M____." _______ _ 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) AR20110000327 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000327 3 ARMY BOARD FOR CORRECTION OF...
ARMY | BCMR | CY2012 | 20120008608
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his middle name as Fernando instead of Fernandez. The applicant states his middle name is Fernando, not Fernandez. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his middle name as Fernandez.
ARMY | BCMR | CY2013 | 20130014882
Counsel requests: a. removal of the applicant's general officer memorandum of reprimand (GOMOR), dated 3 November 2011, from her Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) or transfer to the restricted folder of her AMHRR; and b. removal of all related documents to the GOMOR, dated 3 November 2011, from the restricted folder of the applicant's AMHRR. A memorandum from Headquarters and Headquarters Battalion, 8th U.S. Army, dated 20...
USMC | DRB | 2005_Marine | MD0500101
MD05-00101 Applicant’s Request The application for discharge review was received on 20041013. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Character Reference Letter from N_ B_, dated 26 May 2004 Character Reference Letter from J_ R. A_, dated 27 May 2004 Character...
ARMY | BCMR | CY2015 | 20150004596
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A memorandum authored by COL C____ T___ to MG D____ B. A____, subject: Request for GOMOR, dated 11 July 2011, that shows he requested a GOMOR be issued to the applicant based on an incident on 26 June 2011, in which the applicant was involved in a verbal argument with his (the applicant's spouse) that turned physical when he grabbed her by the neck to prevent her from walking away from him. (1) It shows the rating chain as: * Rater: CW2...
NAVY | DRB | 2006_Navy | ND0600079
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the reason for discharge if such change is warranted. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.
ARMY | BCMR | CY2015 | 20150000947
The applicant states: * the included documents prove he entered the Delayed Entry Program (DEP) during his final year at Andress High School in El Paso * he included a Daily Processing Report, high school diploma, and copies of his driver licenses to further substantiate his HOR as El Paso, Texas * the supporting documents attached will support his application and show that the current entry in Block 6 (Place of Entry Into Active Duty) of his DD Form 214 does not reflect his HOR; this is an...
ARMY | BCMR | CY2011 | 20110004275
The applicant requests the name recorded in his military records and on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty also lists the name he now wishes to be changed in item 1 (Name). This Record of Proceedings along with the application and supporting documents will be filed in his military record.