IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110022599
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) to change his name from "Hxxxxx Ixx Sxxxxxx" to "Mxxxxxxx Axxxxxxx Ixx Sxxxxxx."
2. The applicant states there is no error in his record; however, his name needs to be changed because having two different names makes it difficult to claim his military benefits.
3. The applicant provides his Certificate of Live Birth and a self-authored statement.
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 20 July 1978 and held military occupational specialty 16P (Air Defense Artillery Short Range Missile Crewman). At the time of enlistment his name was listed as "Txxxxxxx Pxxxxxxx."
3. His records contain a court decree, dated 29 February 1980, which legally changed his name from "Txxxxxxx Pxxxxxxx" to "Hxxxxx Ixx Sxxxxxx."
4. His DA Form 2-1 (Personnel Qualification Record) shows his name is "Hxxxxx Ixx Sxxxxxx."
5. He was honorably released from active duty on 16 August 1981. His
DD Form 214 shows his name was "Hxxxxx Ixx Sxxxxxx" at the time of his separation.
6. His records contain a court order, dated 14 July 1982, which legally changed his name from "Hxxxxx Ixx Sxxxxxx" to "Mxxxxxxx Axxxxxxx Ixx Sxxxxxx."
7. He provided an amended copy of his Certificate of Live Birth showing his name listed as "Mxxxxxxx Axxxxxxx Ixx Sxxxxxx."
8. He provided a self-authored statement wherein he indicated that he changed his name from "Hxxxxx Ixx Sxxxxxx" to "Mxxxxxxx Axxxxxxx Ixx Sxxxxxx" after he was released from active duty.
9. 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. The DD Form 214 is 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 he used two names during his military service; "Txxxxxxx Pxxxxxxx" and "Hxxxxx Ixx Sxxxxxx" upon having his name legally changed. Additionally, all of his military documents show his name as either "Txxxxxxx Pxxxxxxx" or "Hxxxxx Ixx Sxxxxxx." On 16 August 1981, he was released from active duty as "Hxxxxx Ixx Sxxxxxx" and this name is listed on his
DD Form 214.
2. He never used the name "Mxxxxxxx Axxxxxxx Ixx Sxxxxxx" during his period of military service because his name was not legally changed to "Mxxxxxxx Axxxxxxx Ixx Sxxxxxx" until 14 July 1982, which was after he had been released from active 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 applicants name in this case. However, a copy of this Record of Proceedings will be filed in his official military personnel file so a record of his current name will be available.
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) AR20110022599
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ABCMR Record of Proceedings (cont) AR20110022599
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