IN THE CASE OF: 

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019945 


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, in effect, correction of his military service records to show his legal name as conferred upon him by the Navajo Nation Justice System.

2.  The applicant states his military service records show his name as "Harry C.
B----."  However, his name was legally changed to "Harry C-----" by the Navajo Nation Judicial Court in Chinle, Arizona, on 28 January 1974.

   a.  On 20 August 2001, he applied to have his name changed on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

   b.  On 25 September 2001, he received a letter acknowledging receipt of his application.  However, he never received notification of the final outcome.

3.  The applicant provides copies of the court order and a certificate.

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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army on 28 June 1966 and item 1 (Last Name - First Name - Middle Name) shows his name as "B----, Harry C."

3.  A DD Form 398 (Statement of Personal History), completed by the applicant on 30 June 1966, shows in item 1 (First Name - Middle Name - Last Name):  "Harry C. B----."  It also shows he placed his signature on the document.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name - Last, First, Middle Initial):  "B----, Harry C."  Item 47 (Signature of Individual) contains the signed entry "Harry C. B----."

5.  On 20 June 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

	a.  item 1 (Last Name - First Name - Middle Name):  "B----, Harry C"; and

	b.  item 32 (Signature of Person Being Separated) the signed entry 
"Harry C. B----."

6.  Letter Orders Number 05-1197778, issued by The Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 24 May 1972, honorably discharged the applicant from the USAR Control Group (Standby) effective 27 June 1972.  The orders show his name as "B----, Harry C."

7.  On 20 May 1974 and 30 September 1975, in response to two requests submitted by the applicant, the National Personnel Records Center, St. Louis, MO, notified him that it does not amend records, discharge documents, or issue new discharge certificates when a name change occurs after discharge.  He was also advised that, although his name was not being changed in his military service records, the document with his new name was added to his record for future reference.

8.  On 20 August 2001, the applicant submitted a request to the ABCMR for correction of his military service records to show his legal name change.

   a.  A letter, dated 25 September 2001, acknowledged receipt of his request.

   b.  A letter written to the applicant, dated 17 October 2001, shows the applicant was advised that he served in the military under the name of "Harry C. B----"; therefore, his records were correct and could not be changed.  (The letter is not signed.)

9.  In support of his request, the applicant provides the following documents:

   a.  a Court Order issued on 28 January 1974 by the Trial Court of the Navajo Tribe, Judicial District of Chinle, Arizona.  It shows, in pertinent part, that the applicant was known by two different names (i.e., "Claus Chee B----" and "Norman C-----" and that he is better known as "Norman C-----."  The court ordered his name of "Claus Chee B----" to be corrected to "Norman C-----" and that thereafter he shall be known and bear the name of "Norman C-----."

   b.  The Navajo Nation, Certificate of Navajo Indian Blood, dated 17 August 2009, that shows "Harry C-----" is listed on the Navajo Indian Census Roll.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon entry in the U.S. Army the applicant reported his name was "Harry C. B----" and his military service record properly reflects this name.  In addition, throughout his military service, the applicant verified his name by affixing his signature on numerous documents in his military personnel record using his signature as "Harry C. B----."

2.  There is no evidence the applicant requested an official name change at any time during the period of his military service.

3.  The applicant provides a copy of a court order that shows he was known by two different names (i.e., "Claus Chee B----" and "Norman C-----") and that his name was legally changed to "Norman C-----" on 28 January 1974.  

   a.  In view of the court order, it is not clear on what basis the applicant is requesting that his name be changed to "Harry (emphasis added) C-----."

   b.  In any event, the applicant's legal name change (to "Norman C-----") was subsequent to his period of military service in the U.S. Army.  Therefore, the court order offers insufficient evidence to support a change to the name recorded in the applicant's military service records.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in his official military service records because his military records show the name that is recorded on his record of induction.

5.  In view of the foregoing, there is no basis for granting the requested relief.

6.  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.  While it is understandable the applicant desires to now record his legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

7.  The applicant is advised that a copy of this decisional document, which confirms his name change will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his name change documented in his AMHRR.

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)                                         AR20120019945



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120019945



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1