BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120022500
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 record to show his new legal last name.
2. The applicant states, in effect, that he would like to have his military records changed to reflect his new legal name in order to clarify his record for home refinancing.
3. The applicant provides a copy of a Virginia Beach, VA court order changing his last name to Onoxxxx.
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 enlisted in the Regular Army on 14 May 1985 with 6 months and 22 days of prior active duty and 1 year and 28 days of prior inactive service.
3. He was honorably released from active duty on 18 March 1988 under the reduction in force early release program. His DD Form 214 lists his name as K_____ R____ S____. The available evidence shows the applicant served under this name during his period of service between 14 May 1985 and 18 March 1988.
4. A court order, dated 27 June 2011, shows the applicant's birth name was K____ R____ C____ and he previously changed his last name to S_____ with a subsequent change to Ona___. The court granted him a third last name change to Ono___, effective 27 June 2011.
DISCUSSION AND CONCLUSIONS:
1. All available records show the applicant served his entire period of active service under the last name of S____ between 14 May 1985 and 18 March 1988.
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. While it is understandable the applicant desires to now record the last name that he currently uses in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. A copy of this Record of Proceedings and the court order will be filed in the applicant's Army Military Human Resource Record (formerly known as the Official Military Personnel File) to serve as a record of the three legal changes of his last name for future reference.
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) AR20120022500
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022500
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009717
The applicant requests correction of her DD Form 214 (Certificate of Release from Active Duty) to show to show her name as "S____ E____ R____." The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's name as "J____ D____ R____" and gender as male. The applicant contends that her DD Form 214 should be modified to show her current name change as a result of gender reassignment surgery.
ARMY | BCMR | CY2011 | 20110010965
The applicant requests correction of her military records to show her married surname. Her DD Form 214 shows: a. in item 1 (Name Last, First, Middle) "S____, D____ A____" and b. in item 21 (Signature of Member Being Separated) the applicant signed the document. As such, the document provided by the applicant is insufficient evidence to warrant a change to the name in her official military service records.
ARMY | BCMR | CY2013 | 20130017977
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as R____ D____ H____. 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. All of his military service records show he served under the name K____ L____ S____.
ARMY | BCMR | CY2012 | 20120022005
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 March 1962 as follows: * change his name to "S____ R____ O'R____ V____-R____" * change his year of birth to 1928 * change his place of birth to London, England, United Kingdom 2. His year of birth was not changed.
ARMY | BCMR | CY2013 | 20130018195
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as M____. 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. All of his military service records show he served under the last name S____.
ARMY | BCMR | CY2013 | 20130001289
The applicant requests correction of his military records to show his true and legal name. The DD Form 214 is a reflection of the applicant's record of active Army service at the time of 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, the applicant's DD Form 214 in particular, at this late date.
ARMY | BCMR | CY2013 | 20130013914
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "R____" and his social security number (SSN) as 466-XX-XXXX. The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his SSN as shown on his...
ARMY | BCMR | CY2011 | 20110002606
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. The applicant provided no evidence that L____ A____ C__ETTE and L____ A____ C__ET R____ are one and the same person or that he legally changed his name at some point while on active duty. _________X_______________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2015 | 20150002514
f. Former PVT D____ R____ claimed she was sexually harassed by the applicant's licking and biting of his lips. The evidence is legally and factually insufficient to support the finding of guilty of violating Army regulations by wrongfully touching and sexually harassing trainees. On 18 February 2014, the Office of the Judge Advocate General of the Army, Criminal Law Division, Washington, DC, notified the applicant that: * his record of trial contained sufficient legal and competent...
ARMY | BCMR | CY2015 | 20150004008
The applicant requests correction of his records to show his name as Oscar (no middle initial (NMI)) G____. The applicant's birth certificate shows his name as Oscar G____ R____. The form shows the applicant's mother's maiden name as his "English" surname with his father's surname being used as a middle name, R____, Oscar G____.