IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130001289
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 military records to show his true and legal name.
2. The applicant states he changed his name.
3. The applicant provides a court order for change of name, dated 9 June 1988.
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's Standard Form 88 (Report of Medical Examination), dated 9 August 1983, and his DD Form 1584 (National Agency Check Request), dated 17 August 1983, prepared in association with his enlistment show his name as S____ M____ A____.
3. He enlisted in the Regular Army on 9 November 1983 and served as a field artillery surveyor.
4. A DA Form 4187 (Personnel Action), dated 20 February 1986, shows he requested to change his name from S____ M____ A____ to M____ U____ A____.
5. He was honorably released from active duty on 8 November 1986.
6. Item 1 (Name Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 November 1986 shows his name as A____, M____ U____.
7. He provides a Tarrant County, TX, court order of change of name, dated 9 June 1988, which shows his name was legally changed from M____ U____ A____ to S____ M____ M____.
8. 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 preparation of the DD Form 214 and 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.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. He legally changed his name after he was released 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.
3. 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.
4. The applicant is advised that a copy of this decisional document which confirms his legal name change effective 9 June 1988 will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current legal name documented.
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) AR20130001289
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ABCMR Record of Proceedings (cont) AR20130001289
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