BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021097
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her current name.
2. The applicant states, in effect, the court legally changed her name.
3. The applicant provides:
* DD Form 214
* State of Minnesota Court Order granting a name change
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 enlisted in the Regular Army on 9 July 1991. Item 1 (Name - Last, First, Middle) of the applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the name "Crxxx, Doxxxx Orxxx." The applicant authenticated this form by placing this name in the signature bock. This individual was also identified as a male throughout the enlistment process.
3. The applicant's records contain various personnel, finance, medical, and other documents that show the name "Crxxx, Doxxxx Orxxx." Several of these forms were authenticated by this signature being placed in the appropriate block, as required.
4. The applicant was honorably released from active duty on 19 October 1995. The DD Form 214, item 1 (Name) shows "Crxxx, Doxxxx Orxxx." The applicant authenticated this form by placing this name in the appropriate block.
5. The applicant submitted a State of Minnesota, District Court Order, dated
3 April 2002, authorizing the applicant's name to be changed to "Mixxxxxx Amxxx Knxxxxx."
6. Army Regulation 635-5, in effect at the time, prescribed the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 was a synopsis of the Soldiers 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 evidence of record shows that applicant served in the Regular Army from 9 July 1991 to 19 October 1995 using the full name of "Crxxx, Doxxxx Orxxx." This is the only name that is listed throughout the applicant's military service record.
2. A State of Minnesota, District Court Order, dated 3 April 2002, authorized the applicant's name to be changed to "Mixxxxxx Amxxx Knxxxxx." The applicant did not use the requested name at any time during the period of military service.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary there is no basis for changing the applicant's full name in this case.
4. Nevertheless, a copy of this decisional document will be filed in the applicant's service records. This should serve to clarify any questions or confusion regarding the different names, and adequately document the court-ordered name in the applicant's record.
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) AR20110021097
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