IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007015
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 legally changed on his birth certificate.
2. The applicant states he had his name legally changed on his birth certificate on 30 December 2011.
3. The applicant provides:
* Certification of Vital Record, State of Maine
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 August 1970
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 applicant's 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 applicant's 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 16 August 1967.
3. The following documents show his last name, first name, middle name, and second middle name as L____, R____ R____ D____:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 16 August 1967, and associated enlistment documents
* DD Form 1584 (National Agency Check Request), dated 23 August 1967
4. On 14 August 1970, he was released from active duty. His DD Form 214 shows his last name, first name, middle name, and second middle name as L____, R____ R____ D____.
5. The Maine Certification of Vital Record he submitted indicates his Record of a Live Birth was amended on 30 December 2011 to change his name to R____ D____ L____, in effect, dropping the use of his original first name.
DISCUSSION AND CONCLUSIONS:
1. He did not officially change his name until over 41 years after his release from active duty. While his desire to have his military records changed is understood, an official name change over 41 years after his release from active duty 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 current legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms his current legal name will be filed in his Army Military Human Resource Record (AMHRR). 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 current legal name documented in his AMHRR.
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) AR20120007015
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ABCMR Record of Proceedings (cont) AR20120007015
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