IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120021723
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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first and middle names as "D---- M-----" instead of "M----- D----."
2. The applicant states he legally changed his name.
3. The applicant provides an Arizona Superior Court Order Changing Name of Adult.
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 was inducted into the Army of the United States on 17 September 1969. The DD Form 47 (Record of Induction) contained in his record shows he was inducted using the first and middle names of "M----- D----."
3. He was honorably discharged on 22 September 1969. The DD Form 214 he was issued at the time shows his first and middle names as "M----- D----."
4. On 23 September 1969, he subsequently enlisted in the Regular Army for 3 years. The DD Form 4 (Enlistment Contract - Armed Forces of the United States) contained in his record shows he enlisted using the first and middle names of "M----- D----."
5. On 27 March 1972, he was honorably released and transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation. The DD Form 214 he was issued at the time shows his first and middle name as "M----- D----."
6. On 1 September 1975, the applicant was honorably discharged from the USAR. His first and middle names are reflected as "M----- D" on his discharge orders.
7. The applicant provides an Arizona Superior Court Order, dated 18 February 1992, which ordered the applicant's first and middle names to be changed to
"D---- M-----."
8. 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. It is important that information entered on the form should be complete and accurate. 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 reflects his first and middle names as
"M----- D----."
2. The fact that he legally changed his first and middle names on 18 February 1992 is noted; however, this does not change the conditions and circumstances that existed at the time his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, and DD Forms 214 were created.
3. The Army has an interest in maintaining the integrity 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 first and middle names 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 AMHRR. This should serve to clarify any questions that may arise regarding the different first and middle name recorded in his military records and to satisfy his desire to have his current first and middle names 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) AR20120021723
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ABCMR Record of Proceedings (cont) AR20120021723
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