IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120008502
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 records to show his new first and middle names.
2. The applicant states he changed his name and requires a correction of his records because he is applying for a loan and benefits from the Department of Veterans Affairs (DVA).
3. The applicant provides:
* VA Form 21-4138 (Statement in Support of Claim)
* Texas Driver's License
* Social security card
* Self-authored statement
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 military record shows he enlisted in the U.S. Army Reserve (USAR) on 12 April 1991, for 8 years. The DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing shows he enlisted under the name he now claims is incorrect and he authenticated this document with his signature using that same name.
3. On 3 March 1992, the applicant was discharged from the USAR with an uncharacterized characterization of service. His record shows he enlisted in the Regular Army (RA) on 11 March 1992 and continued to serve until he was honorably released from active duty on 29 June 1994 and transferred to the USAR Control Group (Reinforcement).
4. The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 3 months, and 19 days of creditable active service. It also lists the name that he now claims is incorrect.
5. All of the documents maintained in the applicant's Army Military Human Resource Record (AMHRR) list the name he now claims is incorrect. The applicant authenticated these documents, when required, with his signature by signing the name he claims is incorrect.
6. The applicant provides a copy of his Texas Drivers License issued on 20 September 2011 and social security card. Both of these documents list the name he now claims is correct.
7. 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. In pertinent part, it states the
DD Form 214 is a synopsis of the Soldiers 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 request for correction of his records to reflect his new name was carefully considered.
2. The evidence of record confirms he performed all of his service in the USAR and on active duty in the RA using the name that is listed on his DD Form 4, DD Form 214, and all other documents filed in his AMHRR.
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 the applicant desires to now record his new first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. The applicant is advised that a copy of this decisional document, which confirms his new name, will be filed in his 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 new name documented in his AMHRR.
5. 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) AR20120008502
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ABCMR Record of Proceedings (cont) AR20120008502
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