IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001364
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 records be corrected to reflect his new name.
2. The applicant states he had his name legally changed.
3. The applicant provides a copy of a 28 July 2011 court document.
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 served on active duty in the Regular Army from 12 August 1986 through 9 May 1988; in the Georgia Army National Guard from 7 October 1988 through 6 October 1990; and the U.S. Army Reserve Control Group (Reinforcement) from 7 October 1990 through 4 January 1994.
3. The available military records only show military service under the name Grexxx Dwxxx Doxxx.
4. The applicant legally change his name to Grexxx Doxxx Vaxxx on 28 July 2011.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve under the new name.
2. 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.
3. While it is understandable the applicant desires to have his military records reflect his current information there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. A copy of this Record of Proceedings will be filed in the FSMs Official Military Personnel Record so a record of the two last names 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) AR20120001364
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ABCMR Record of Proceedings (cont) AR20120001364
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