BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019076
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 name be changed on his military records.
2. The applicant states his name was changed from Mxxxx Lxxxxx to Gxx Fxxxx based on a 7 December 1999 Las Vegas court decision.
3. The applicant provides copies of various documents written between him and the Department of Veterans Affairs (VA) showing the name that he requests to be recorded on his active duty records. He also submits a driver license, Disabled American Veterans membership card, and a Department of Defense Uniformed Services Identification and Privileges Card all showing the name he requests to be added to his active duty records.
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. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. The applicant's records were lost or seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case.
3. The applicant is rated as 100 percent disabled by the VA and thus entitled to a Department of Defense Uniformed Services Identification and Privileges Card. He served under the name of Mxxxx V. Lxxxxx. This name is shown on all available military Records, including a separation order and a Certificate of Service showing he served in the Regular Army from 24 May 1951 to 23 May 1954.
4. The applicant provided VA documents and civilian documents showing the name of Gxx Fxxxx. The applicant provided nothing and there is nothing available showing a legal name change.
DISCUSSION AND CONCLUSIONS:
1. For Historical purposes, the Army has an interest in maintaining the integrity of its existing 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 hose records be changed. There is insufficient compelling reason for compromising the integrity of the applicant's records at this late date.
2. The applicant provided nothing documenting a legal name change.
3. However, the applicant is advised that a copy of this decisional document will be filed in his reconstructed 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 the name he requested 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) AR20110019076
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