IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012777
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1995 to show his legal name change.
2. The applicant states the name on the DD Form 214 should be changed to the one contained in the legal name change court order, dated 24 March 2010.
3. The applicant provides the name change court order in support of the 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 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. The record shows the applicant enlisted in the Regular Army on 9 October 1979 and reenlisted on 12 August 1982, 23 January 1986, 30 August 1988, and 15 May 1992. The DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States) prepared to document these enlistments/
reenlistments all list the name he wishes to be changed.
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) and all documents on file in the applicants Military Personnel Records Jacket all list the name the applicant now wishes to be changed.
4. The DD Form 214 issued to the applicant on 31 May 1995 also lists the name as shown on the enlistment/reenlistment documents. The DD Form 214 shows the applicant held the rank of staff sergeant/E-6 and completed a total of 15 years, 7 months, and 22 days of active military service. It also shows the reason for separation was voluntary early retirement.
5. The applicant provides a court document issued on 24 March 2010 by the Los Angeles Superior Court, North Valley District-Chatsworth, Chatsworth, California, that legally changed the applicants first and middle names.
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 Soldier's 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. The version of the regulation in effect at the time identified the DA Form 2-1 as the primary source record for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that the DD Form 214 be corrected to reflect the legal name change of 2010 has been carefully considered. However, there is insufficient evidence to support this request.
2. The applicant's DD Forms 4, DA Form 2-1, and all documents that list a name in the record, list the name now claimed to be incorrect. The legal name change document provided by the applicant shows the legal name change was completed years after the applicant was retired. The DD Form 214 is a synopsis of a Soldier's 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 the applicant's 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 the applicant performed military service and was retired vice the name now being used. 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 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) AR20120012777
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ABCMR Record of Proceedings (cont) AR20120012777
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