IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130000411
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 the name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states he is applying for disability benefits from the Department of Veterans Affairs and would like to have his correct name on his DD Form 214.
3. He provides his DD Form 214 and an Order Following Hearing on Name Change issued by the Judicial Circuit Court-Family Division, Ingham County, State of Michigan.
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 2 August 1971. He was honorably discharged on 21 October 1971.
3. A review of his Army Military Human Resource Record (AMHRR) (formerly called the official military personnel file) shows he enlisted, served, and was discharged under the name R_____ J___ W_______, Jr. This name was entered on his DD Form 214.
4. He provides an Order Following Hearing on Name Change issued by the Judicial Circuit Court-Family Division, Ingham County, State of Michigan, dated 18 March 2009, showing the court ordered his name be changed from R_____ J___ W_______, Jr. to K____ A______ F______.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the name R_____ J___ W_______, Jr. throughout his military service, and this name is properly recorded on his DD Form 214. His name was legally changed to K____ A______ F______ in 2009, over 30 years after his discharge.
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. While it is understandable that the applicant desires to record the name he now uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214 at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference between the name recorded on his DD Form 214 and the name he now uses.
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) AR20130000411
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ABCMR Record of Proceedings (cont) AR20130000411
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