IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004825
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 issuance of an amended discharge showing his birth name.
2. He states T___ J_____ L__ is not his birth name. The recruiter insisted he not use "P_____" and asked him to pick a fictitious name. He requests issuance of an amended discharge showing his birth and legal name, T_______ A______ P_____. He states he encounters difficulty when trying to obtain benefits using his DD Form 214 (Report of Separation from Active Duty).
3. He provides no additional evidence in support of his request.
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. On 17 September 1976, the applicant enlisted in the Regular Army for a period of 3 years.
3. The DD Form 1966 (Application for Enlistment - Armed Forces of the United States) completed when he enlisted shows:
a. In Section 1 (Personal Data), item 1 (Name (Last, first, middle
Jr., Sr., etc.)), his name was entered as "L__, T___ J_____."
b. In Section III (Verification of Personal Data), item 23, he was required to provide an entry if the name given in item 1 was not the same as the name on his birth certificate and his name had not been changed by legal procedure prescribed by state law. He entered his name shown on his birth certificate as "T_______ A______ P_____."
c. Item 23 included the following statement:
I hereby state that I have not changed my name through any court procedure, and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent. I further state that I am the same person as the one whose name is shown in block 1.
d. The applicant and a witness signed item 23.
4. A review of the applicant's records show he served under the name T___ J_____ L__ throughout his military service.
5. On 16 September 1977, he was honorably discharged. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his name as "L__ T___ J_____."
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served using the name T___ J_____ L__, and this name is properly recorded on his DD Form 214. The record shows he chose to serve under a name other than the name shown on his birth certificate. There is no documentary evidence showing a recruiter insisted that he use a name other than the name he claims is his birth and legal name.
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 his legal name 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 Army Military Human Resource Record. 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) AR20130004825
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ABCMR Record of Proceedings (cont) AR20130004825
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