IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010311
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 amendment to his DD Form 214 (Report of Separation from Active Duty) to show his name as Cxxxxx Lxxxx Sxxxxxx.
2. He states at the entrance processing station his name was entered incorrectly as Jxxx Lxxxx Sxxxxxx III. He is an orphan and has undergone a legal name change.
3. He provides a copy of his DD Form 214, social security card, and learner's permit.
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 enlisted in the Regular Army under the name of Jxxx Lxxxx Sxxxxxx III, verified by his birth certificate. He was honorably discharged on 13 September 1978.
3. Item 1 (Name (Last, First, Middle) of his DD Form 214 shows the name he served under.
4. He provides copies of his learner's permit and social security card which show his name as Cxxxxx Lxxxx Sxxxxxx.
5. The military documents contained in his record show he served and was released from the Army under the name shown on his DD Form 214. There is no evidence in his service personnel records to show he legally changed his name while he served in the Army.
6. 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 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 served in and was discharged in the name that is shown in the records and on his DD Form 214. There is no evidence to show his name was incorrectly transcribed at the time of entry. Therefore, his military records and DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting him the requested relief.
2. While his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. 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.
3. These Proceedings will be filed in the applicants Army Military Human Resource Record to clarify any confusion between his current name and the name he used while in the Army.
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) AR20120010311
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ABCMR Record of Proceedings (cont) AR20120010311
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