IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130003081
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, in effect, correction of his military records and DD Form 214 (Report of Separation from Active Duty) to show his first name as Bernard.
2. The applicant states Bonny E____ is not his given name or his legal name. A typographical error recorded his name as Bonny E____ rather than Bonnie E____.
3. The applicant provides:
* DD Form 214
* birth certificate
* social security card
* court name change judgment
* letter to the Army Review Boards Agency with reply
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
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 (AUS) on 12 August 1965. His records contain the following documents:
* DD Form 47 (Record of Induction), dated 19 May 1965, which shows his first name as Bonny and his date of birth as 24 January 1945
* DD Form 398 (Statement of Personal History), dated 10 August 1965, which shows his first name as Bonny and his date of birth as 24 January 1945 he signed the form using this first name and indicated he did not have a middle name
* DA Form 41 (Record of Emergency Data), dated 12 August 1965, which shows his first name as Bonny and his date of birth as 24 January 1945 he signed the form using this first name and indicated he did not have a middle name
3. All documents in his records show his first name as Bonny.
4. He was honorably released from active duty on 31 July 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
5. His DD Form 214 shows his first name as Bonny and his date of birth as 24 January 1945.
6. He was honorably discharged from the USAR on 11 August 1971. His discharge orders show his first name as Bonny.
7. He provides copies of the following documents:
* amended State of Louisiana Certificate of Birth issued on 8 August 2012 for an individual named Bernard E____ born on 24 February 1945
* social security card showing his name as Bernard E____
* court judgment, dated 14 May 2012, changing his legal name from Bonnie B. E____, also known as Bonny E____, to Bernard E____
* VA Form 21-4138, dated 13 December 2012, wherein he requested amendment of his DD Form 214 to show his official name change to Bernard E____ vice Bonny E____
8. Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for preparation of the DD Form 214. The regulation stated the DD Form 214 would list the last name, first name, and full middle name or names, if any, of the individual being separated.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted into the AUS in August 1965 under the first name Bonny. He used this first name throughout his service. He was separated from the AUS in 1967 and the USAR in 1971 using this first name.
2. It appears he continued to use the first name spelled as Bonny vice Bonnie after he was separated. He legally changed his name from Bonnie B. E____, also known as Bonny E____, to Bernard E____ in May 2012.
3. His desire to have his military records changed is understandable; however, there is no basis for compromising the integrity of the Army's records. The Army has an interest in maintaining the integrity of its records for historical purposes. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. A copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the change in his first name.
5. In view of the foregoing, there is no basis for granting his request.
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 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) AR20130003081
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ABCMR Record of Proceedings (cont) AR20130003081
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