IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000597
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 change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as A---- Q---- M-------.
2. The applicant states he legally changed his name on 13 May 1993.
3. The applicant provides his DD Form 214, his social security card, and a court order.
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 U.S. Army Reserve on 7 June 1979. On 8 June 1979 he was ordered to initial active duty for training (IADT). He completed
training and he was honorably released from IADT on 7 November 1979. He was transferred to a USAR unit in Pennsylvania.
3. Item 1 (Name (Last, first, middle)) of the DD Form 214 he was issued at the time shows the entry "A-----, P------ V--.
4. He provided his final petition from the Commonwealth of Pennsylvania Court of Common Pleas, County of Philadelphia, dated 13 May 1993. This court order changed the applicant's name to A---- Q---- M-------. In addition, he provided a Social Security card that lists this same name.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 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 requests his DD Form 214 show that his name to
A---- Q---- M-------.
2. The fact that he legally changed his name on 13 May 1993 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 (OMPF), was created.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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 new name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his new name 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) AR20130000597
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ABCMR Record of Proceedings (cont) AR20130000597
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