IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120001638
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 military records be corrected to show his name as shown on an Order for Change of Name (Adult), dated 28 July 2011, issued by the Circuit Court of the County of Chesterfield, Commonwealth of Virginia.
2. The applicant states his first name and part of his middle name were combined on his birth certificate. His parents were unable to get it corrected, so he petitioned the court last year and was granted a legal name change.
3. The applicant provides:
* an Order for Change of Name (Adult), dated 28 July 2011
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 2005
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. He enlisted in the Regular Army on 5 November 1985. He continued to serve until his retirement on 30 November 2005.
3. The following documents show his name as E___n, G____y E___n (last name, first name, middle name):
* his initial DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 10 July 1985
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 5 November 1985
* his Enlisted Record Brief, with a brief date of 28 July 2005
* all documents throughout his official military personnel file (OMPF)
4. On 30 November 2005, he was retired and placed on the Retired List the following day. His DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 2005 shows his name as E___n, G____y E___n.
5. On 28 July 2011, the Circuit court of the County of Chesterfield, Commonwealth of Virginia changed his name to E___n, G_l R_y-E___n (last name, first name, middle name).
DISCUSSION AND CONCLUSIONS:
1. All of his military records contained in his OMPF show his name as E___n, G____y E___n. He did not officially change his name until over 5 years after his retirement. While his desire to have his military records changed is understood, an official name change over 5 years after his retirement does not justify compromising the integrity of the Army's records.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it is understandable the applicant desires to now record his legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his legal name, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his legal name 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) AR20120001638
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ABCMR Record of Proceedings (cont) AR20120001638
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