IN THE CASE OF:
BOARD DATE: 25 April 2013
DOCKET NUMBER: AR20120018960
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 (Armed Forces of the United States Report of Transfer or Discharge) to show:
* he held the rank of Sergeant (SGT) at the time of his discharge
* to show his first name as "V----" instead of "C----"
2. The applicant states he was promoted to the rank of SGT prior to being discharged and subsequently changed his name in 1982.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* General Orders Number 1787
* Purple Heart Certificate
* Department of Veterans Affairs (VA) Request for Official Name or Gender Change
* Certificate of Publication
* Eighth Judicial Circuit Petition
* Memorandum
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 applicant's request to correct his DD Form 214 to show he held the rank of SGT at the time of his discharge was previously considered and denied by this Board on 11 July 2006, in Docket Number AR20050014858. Army Regulation 15-185 (ABCMR) sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered. The staff of the ABCMR determined that this portion of his request was not received within one year of the ABCMR's original decision. As a result, it does not meet the criteria outlined above and will not be addressed further in these proceedings.
3. The applicant enlisted in the Regular Army on 15 August 1968. All documents in the applicants file show his first name as "C----."
4. The applicant was honorably released from active duty on 27 March 1971. His DD Form 214 reflects his first name as "C----."
5. The applicant's first name was legally changed from "C----" to "V----" on 19 March 1982.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and all other available service documents reflect his first name as "C----."
2. The fact that he legally changed his first name on 19 March 1982 is duly noted. However, this does not change the conditions and circumstances that existed at the time his record was created.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed in his records. This should serve to clarify any questions that may arise regarding the different name recorded in the applicant's military records and to satisfy his desire to have his current first name documented in his records.
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) AR20120018960
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ABCMR Record of Proceedings (cont) AR20120018960
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