Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110022722
Original file (20110022722.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  10 May 2012

		DOCKET NUMBER:  AR20110022722 


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 that his first name be changed from J----e to B------d.  

2.  He states his first name is B-----d and his middle name is J-----e. 

3.  He provides:

* DD form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Social Security Card

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 was inducted into the Army of the United States on 6 May 1968 under the name of J----e B. S-----y.  The DD Form 47 (Record of Induction) prepared upon his entry lists his name as J----e B. S-----y.  

3.  All of the official documents contained in his official military personnel file (OMPF) list his name as it is recorded on his DD Form 98 (Armed Forces Security Questionnaire) and attested to by his signature as J----e B-----d S-----y.  

4.  On 25 January 1970, he was discharged after completing 1 year, 8 months, and 10 days of active military service.  Item 1 (Name) of the DD Form 214 lists his name as J----e B. S-----y.

5.  The social security card he submitted shows the name B------d J. S------y.

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 states, in pertinent part, that 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.  The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2.  The instructions for completing item 1 (Name) state to enter the name as it is recorded in the military record.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's desire to change his military records and his DD Form 214 to reflect his current name is understood, the available evidence shows he entered, served, and was separated from active duty under the name that is listed on his DD Form 214 and all other documents in his OMPF.  

2.  The Army has an interest in maintaining the integrity 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 appears to be no compelling reason to compromise the integrity of the Army’s records by changing his name at this late date.

3.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In absence of evidence to the contrary, the preponderance of evidence in the available records supports presumption of regularity in the personnel records maintenance process.

4.  This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the name he used when he served on active duty and the name he currently uses.  

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)                                         AR20110022722





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022722



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130000590

    Original file (20130000590.txt) Auto-classification: Denied

    His DD Form 4 (Enlistment/Reenlistment Document) and allied documents listed his full name as "N--- Y---- J---B-------." The evidence of record shows upon his enlistment in the Regular Army in October 1987, the applicant listed his full name as "N--- Y---- J---B-------." There is no evidence he used the requested full name at any time during his military service.

  • ARMY | BCMR | CY2009 | 20090018876

    Original file (20090018876.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry onto active duty lists the name contained on his DD Form 4 in item 1 (Name and Service Number) and his social security account number. The DD Form 214 he was issued at the time lists the name as it is recorded on his enlistment record, his DA Form 20, and in all other documents on file in his OMPF.

  • ARMY | BCMR | CY2010 | 20100010808

    Original file (20100010808.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The DA Form 20 that was created at the time he entered active duty shows his last name as "D---s." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same last name. a. Paragraph 2-2 (Source documents) states the DA Form 20 and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing the...

  • ARMY | BCMR | CY2013 | 20130009276

    Original file (20130009276.txt) Auto-classification: Denied

    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. The DD Form 214 he was issued at the time shows his name as "S----n, S-----n J----e Jr." 4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as...

  • ARMY | BCMR | CY2014 | 20140004534

    Original file (20140004534.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to correct his middle name and month of birth. 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 the applicant's desire to change his military records is understood, all of the documents in...

  • ARMY | BCMR | CY2011 | 20110005744

    Original file (20110005744.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). While the applicant's desire to change his military records and his DD Form 214 to reflect his current name is understood, the available evidence shows he entered, served, and was separated from active duty under the name that is listed on his DD Form 214 and all other documents in his OMPF. ABCMR Record of Proceedings (cont) AR20100022631 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...

  • ARMY | BCMR | CY2012 | 20120011822

    Original file (20120011822.txt) Auto-classification: Denied

    The applicant states, in effect, the SSN listed in his records is in error. He completed 2 years and 2 months of creditable active military service. The SSN that is listed on the applicant's social security card is not found on any records in his Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file.

  • ARMY | BCMR | CY2010 | 20100028717

    Original file (20100028717.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests that his military records to include his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect his new name. While the applicant's desire to change his military records and his DD Form 214 to reflect his current name is understood, the available evidence shows he entered, served, and was separated from active duty under the name that is...

  • ARMY | BCMR | CY2009 | 20090008908

    Original file (20090008908.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record clearly shows that the applicant enlisted in both the USAR and the RA under the preferred last name of B------g. The fact that he now, more than 37 years after his release from active duty, requests that the last name recorded in his military records be changed from B------g to H----y is not a sufficiently mitigating factor that warrants granting this requested relief,...

  • ARMY | BCMR | CY2010 | 20100025925

    Original file (20100025925.txt) Auto-classification: Denied

    The applicant requests correction of her military records to show her married name. The evidence of record shows the applicant's military service records reflect her maiden name and the approved official name changes that she requested throughout her military service. Records also show that, from that point on, her last name (i.e., "J-----n") is consistently recorded in her official military service records, including her DD Form 214, when she retired from active duty on 30 September 2009.