BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002771
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her first name as "Sy" instead of "S----h."
2. The applicant states she changed her first name and is requesting it be changed on her DD Form 214.
3. The applicant provides her DD Form 214 and a court order.
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. In conjunction with the applicant's enlistment in the Regular Army (RA), she completed a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of
the United States), dated 26 November 1990, wherein she listed her first name as "S----h." She authenticated this form by placing her signature in the appropriate block using this first name.
3. Her record shows she enlisted in the RA on 3 December 1990 and she held military occupational specialty 31L (Wire Systems Installer).
4. The DA Form 2-1 (Personnel Qualification Record) that was created at the time she entered active duty shows her first name as "S----h." She reviewed this form at a later date and authenticated it by placing her signature in item 34 (Signature) using this first name.
5. Her record contains numerous personnel, finance, medical, and legal documents including assignment orders, and various other orders that show her first name as "S----h."
6. She was honorably released from active duty on 5 February 1995 at the completion of required active service and she was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve) to complete her remaining service obligation. She completed 4 years, 2 months, and 3 days of creditable active service. The DD Form 214 she was issued shows her first name as "S----h."
7. The applicant provides a Baltimore City court order, dated 8 December 2006, that officially changed her first name from "S----h" to "Sy."
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that upon enlistment in the RA the applicant listed her first name as "S----h." This first name is consistent with the first name she used on various documents throughout her period of military service. She authenticated several documents by placing her signature in the appropriate block indicating her name was correct. She did not use the first name that she now claims during her entire period of military service.
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 her new first name in her
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 her new first name, will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in her military record and to satisfy her desire to have her new first name documented in her 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) AR20120002771
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ABCMR Record of Proceedings (cont) AR20120002771
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