IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120010298
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 the last name on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states in 1992 he changed his last name and he has been trying to get his DD Form 214 corrected since that time.
3. The applicant provides no documentary evidence in support of his request.
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 record shows he initially enlisted in the Regular Army on
14 June 1976. He served for 2 years, 8 months, and 17 days until 29 February 1979, at which time he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time lists the last name he now claims is incorrect.
3. On 1 March 1979, the applicant reenlisted for 3 years. The DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) prepared to document this reenlistment lists the last name he now claims is incorrect in item 1 (Name).
4. The applicant's DA Form 2-1 (Personnel Qualification Record-Part II) lists the name he now claims is incorrect in item 1 (Name). His DA Form 2A (Personnel Qualification Record-Part I) also lists the name he now claims is incorrect in item 1 (Name).
5. All orders and other documents in the Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, that list his name, list the name he now claims is incorrect. The AMHRR is void of any evidence that the applicant submitted a request to change his name while still on active duty.
6. On 6 January 1985, the applicant was honorably discharged.
7. His AMHRR contains an application to this Board (administratively closed) from the applicant, dated 8 May 2006, which included a legal name change court document issued by the District County Court, Grimes County, Texas, dated 3 July 1995, which shows he legally changed his last name to the name he now claims is correct.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 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 that his DD Form 214 be corrected to reflect his legal name change has been carefully considered. However, there is insufficient evidence to support this claim.
2. The applicant's DA Form 2 and 2-1 and all documents that list a name in the record, list the name he now claims is incorrect. The legal name change document provided by the applicant shows he changed his name years after he separated. The DD Form 214 is a synopsis of a Soldiers most recent period of continuous active duty and is meant only to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the name listed in the applicant's military records should not be changed at this time.
4. This Record of Proceedings will be filed in his military record, along with the legal name change document that is already filed in the record, to provide clarity and to deal with any confusion that may arise regarding the difference in the name under which he performed his military service and was separated vice the name he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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) AR20120010298
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ABCMR Record of Proceedings (cont) AR20120010298
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