BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011737
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 name listed on his record and
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he legally changed his name prior to his discharge and his record was not updated.
3. The applicant provides a legal name change court document 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 enlisted in the Regular Army (RA) on
23 September 1992. The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) documenting his enlistment lists the name he now claims is incorrect in item 1 (Name).
3. The applicant's DA Form 2-1 (Personnel Qualification Record-Part II), which was prepared on 29 March 1995, lists the name he now claims is incorrect in item 1 (Name). His DA Form 2A (Personnel Qualification Record-Part I), dated 30 March 1995, lists the name he now claims is incorrect in item 1 (Name).
4. All orders and other documents in the Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that list his name, list the name he now claims is incorrect. The AMHRR is void of any indication that the applicant submitted a request to change his name while still on active duty.
5. On 29 March 1995, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR). The DD Form 214 he was issued lists the name he now claims is incorrect in item 1 (Name).
6. The record contains USAR discharge orders, dated 27 June 2000, which list the name he now claims is incorrect in the standard name line.
7. The applicant provides a legal name change document issued by the State of Louisiana, Parrish of Jefferson, dated 21 March 1995, which indicates the applicant legally changed his name to the one he now claims is correct on that date.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 2A and 2-1 and documents on file in the OMPF were the primary source for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his DD Form 214 be corrected to reflect his correct name has been carefully considered. However, there is insufficient evidence to support this claim.
2. The applicant's DA Form 2 and 2-1, which were prepared during or after his separation processing, and all documents that list a name in the record, list the name he now claims is incorrect. Notwithstanding the legal name change document provided by the applicant, there is no evidence of record or independent evidence provided by the applicant that suggests he submitted a request to change the name on his military records prior to his release from active duty.
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 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) AR20120011737
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ABCMR Record of Proceedings (cont) AR20120011737
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