IN THE CASE OF:	 

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110021059 


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 records to show his first name as Jerry instead of Gerard.

2.  The applicant states he legally changed his name and his Regular Army (RA), United States Army Reserve (USAR), and Army National Guard (ARNG) military records are now in error and requires correction.

3.  The applicant further states he has provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); however it was not received with his application.  He does provide:

* Court order, dated 27 September 2011
* DD Form 2656 (Data for Payment of Retired Personnel) (pages 3 and 4)
* Army National Guard Retirement Points History Statement
* DD Form 108 (Application for Retired Pay Benefits)

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's military record shows that after having prior military service, he enlisted in the Indiana Army National Guard (INARNG) on 18 July 1994.  He held and served in military occupational specialty 11B (Infantryman).

3.  A DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing shows he enlisted under the first name he now claims is incorrect.  He authenticated this document with his signature using the name he now claims is incorrect on the date of his enlistment and entry on active duty.

4.  His DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty, and all other documents included in his Official Military Personnel File (OMPF) lists the first name he now claims is incorrect.  The applicant authenticated this document with his signature by signing the first name he claims is incorrect in item 34 (Signature).

5.  On 1 April 1995, the applicant was honorably retired from the INARNG, having completed a total of 26 years, 1 month, and 5 days of creditable military service.  The NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) he was issued shows the same first name he now claims is incorrect.

6.  The applicant provides a court order issued by the Howard Circuit Court of the State of Indiana, Howard County, dated 27 September 2011.  It shows the circuit court judge granted the applicant's request to change his first name from Gerard to Jerry.

7.  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 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 request for correction of his records to reflect his new court-ordered name was carefully considered.
2.  The evidence of record confirms he served in and was retired using the first name that is listed on his DD Form 4, DD Form 2-1, NGB Form 22, and all other documents filed in his OMPF.

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 new first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

4.  The applicant is advised that a copy of this decisional document, which confirms his new first name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his new first name documented in his OMPF.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20110021059





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ABCMR Record of Proceedings (cont)                                         AR20110021059



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