IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002016
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as K____ A____ in lieu of W____ S____ F____.
2. The applicant states his correct legal name is K____ A____ and reflects his true family name.
3. The applicant provides his DD Form 214 and court decree changing his name.
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 records contain his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows he enlisted in the Regular Army on 25 August 1982 for a period of 4 years following 2 months and 3 days of prior service the U.S. Army Reserve Delayed Entry/Enlistment Program. Item 1 (Name) shows his name as W____ S____ F____. He authenticated this with his signature on 22 June 1982 and again on 25 August 1982.
3. The applicant was discharged under honorable conditions effective 15 February 1985 after completing 2 years, 5 months, and 21 days of active service. His DD Form 214 shows his name as W____ S____ F____.
4. Every document in the applicant's official military personnel file shows his name as W____ S____ F____ or W____ S. F____.
5. The applicant provides a Los Angeles Superior Court Decree Changing Name, dated 18 May 2006, showing the applicant legally changed his name from W____ S____ F____ to K____ A____ on that date.
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 and 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. The applicant's enlistment document as well as all other record documents in his official military personnel file containing his full name shows his name as W____ S____ F____.
2. The applicant legally changed his name to K____ A____ more than 20 years after he performed military service. Therefore, it must be presumed that his military service records, including the DD Form 214, were correct at the time they were prepared.
3. 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 that the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. A copy of this Record of Proceedings will be filed in the applicants Official Military Personnel File so a record of his current name 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 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) AR20120002016
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ABCMR Record of Proceedings (cont) AR20120002016
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