IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002802
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his new legal name as reflected on the court documents approving his legal name change.
2. The applicant states, in effect, that his name was legally changed on
12 September 1991 and he desires his DD Form 214 to be corrected to reflect his new legal name.
3. The applicant provides copies of a court document reflecting his legal name change, DD Form 214, birth certificate reflecting his legal name change, and his Social Security Card.
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. On 3 September 1981, the applicant enlisted in the Regular Army for a period of 3 years. At the time of enlistment he elected to serve under the name that is listed on his DD Form 214. He indicated that he had a middle name and elected not to use a middle name during his period of service.
3. He completed his training as an armor crewman and served his entire period of enlistment under the name listed on his DD Form 214. He was honorably released from active duty (REFRAD) on 2 September 1985. He had served 4 years of active service. His DD Form 214 reflects the name he used at the time of enlistment and served under.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served his entire period under the first and last names that are recorded on his DD Form 214. Accordingly, there is no error or injustice in this case.
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. While it is understood that the applicant desires to have the requested name listed 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 will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current legal name and the name recorded in his OMPF and satisfy his desire to have his current legal name documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20120002802
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