IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024522
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 first and last names be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he legally changed his first and last names in 2006.
3. The applicant provides a court order for 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 6 August 1993 under the first name of Je-- and the last name of L--. He was honorably discharged on 4 March 2004.
3. Item 1 (Name Last, First, Middle) of his DD Form 214 shows his first name as Je-- and his last name as L--.
4. His service personnel records show his first name as Je-- and his last name as L--.
5. He provides a court order which shows he changed his first name to Ja-- and his last name to C-- in 2006.
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 establishes standardized policy for the preparation of the DD Form 214. 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. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
2. His service personnel records show he served under the first name of Je-- and last name of L-- and he was discharged under these names. He legally changed his first and last names in 2006 after he was discharged and his first name is now Ja-- and his last name is C--. While the applicant's desire to have his records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.
3. The applicant is advised that a copy of this decisional document which confirms his legal first and last names change will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion regarding the difference in the names in his OMPF and to satisfy his desire to have his current first and last names 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) AR20110024522
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ABCMR Record of Proceedings (cont) AR20110024522
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