IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120013056
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 military records to show his current legal name.
2. The applicant states he legally changed his name from L------o D---n J-----n to F----n H---m M-----a.
3. The applicant provides no documentary evidence.
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 enlisted in the Regular Army on 22 July 1980 under the name of L------o D---n J-----n. He was honorably released from active duty on 21 July 1983 at the expiration of his term of service.
3. Item 1 (Name Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows his name as L------o D---n J-----n.
4. His service personnel records show his name as L------o D---n J-----n.
5. There is no evidence of record and the applicant did not provide any evidence that shows he legally changed his name prior to his release from active duty.
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 establishes standardized policy for the preparation of the DD Form 214. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service personnel record shows he served under the name of L------o D---n J-----n during his entire active service and he was released from active duty under this same name. It appears he legally changed his name after his release from active duty. While the applicant's desire to have his records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214, at this late date.
2. 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. The applicant is advised that a copy of this decisional document which confirms his legal name change will be filed in his Army Military Human Resource Record (AMHRR), formerly known as his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the name recorded in his AMHRR and to satisfy his desire to have his current legal name documented in his 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) AR20120013056
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ABCMR Record of Proceedings (cont) AR20120013056
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