IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024827
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 name as "Jxxx Gxxxxxxxx Sxxxxxx" vice "Gxxxxxxxx Exxxxxxx Sxxxxxx."
2. The applicant states he wants his name changed to reflect the name recorded on his birth certificate. "Gxxxxxxxx" is his middle name. The Department of Veterans Affairs (VA) requires that all documentation reflect his legal name.
3. The applicant provides a copy of his Certification of Vital Record, driver license, social security card, and VA Certificate of Eligibility for Loan Gratuity 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 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's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States), which shows he enlisted in the Regular Army on
19 September 1969 and listed his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx." He also signed the form using this name.
3. His enlistment contract contains a DA Form 3284-R (Applicant's Statement of Name Change), dated 19 September 1969, wherein the applicant stated:
* his name as recorded on his birth certificate is "Jxxx Gxxxxxxxx Sxxxxxx"
* He had not changed his name through any court or other legal procedure; but preferred to use the name of "Gxxxxxxxx Exxxxxxx Sxxxxxx"
* He wished to use the name "Gxxxxxxxx Exxxxxxx Sxxxxxx" as a matter of convenience and with no intent to defraud, and he further stated that he was the same person whose name appeared on the mentioned birth certificate
4. All of the documents contained in the applicant's military record lists his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx." Additionally, all of the documents in his military record containing his official signature list his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx."
5. He was honorably released from active duty on 20 April 1972. His DD Form 214 shows his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx."
6. His record contains a DD Form 4 which shows he enlisted in the Texas Army National Guard (TXARNG) on 11 September 1973. This form lists his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx." He also signed this form using this name.
7. He was honorably discharged from the TXARNG on 10 September 1974. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) lists his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx."
8. He provided a copy of a driver license, a social security card, and a birth certificate which contain a name similar to that listed on his birth certificate. The social security number is identical to the number listed on the applicant's
DD Form 214. The driver license, the social security card, and birth certificate list the name as "Jxxx Gxxxxxxxx Sxxxxxx."
9. The applicant also provided a VA Certificate of Eligibility for Loan Gratuity Benefits showing he applied for and was granted a VA Loan in the name of "Gxxxxxxxx Exxxxxxx Sxxxxxx."
DISCUSSION AND CONCLUSIONS:
1. The applicant indicated on his DA Form 3284-R that he used "Gxxxxxxxx Exxxxxxx Sxxxxxx" in the community and as a matter of convenience he wanted this name to be reflected on his official military records. As such his DD Form
4 and all other military documents throughout his period of service, to include all of the documents that he signed, reflect the name of "Gxxxxxxxx Exxxxxxx Sxxxxxx."
2. The use of the name "Gxxxxxxxx Exxxxxxx Sxxxxxx" was annotated as his correct name at his request; therefore, there is no error in his military record to correct. Based on the foregoing, his requested relief is denied.
3. The ABCMR does not grant requests for the correction of records solely for the purpose of making the individual eligible for veterans or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to military records.
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) AR20110024827
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ABCMR Record of Proceedings (cont) AR20110024827
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