IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130007195
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as "D____ McH____" vice "J____ L____, Jr."
2. The applicant states he legally changed his name and would like his DD Form 214 to reflect his new name.
3. The applicant provides a court name-changing decree, dated 3 April 2013, and his DD Form 214.
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 26 June 1970.
3. His records contain, in part, the following documents showing his name as "J____ L____, Jr." with his signature as "J____ L____, Jr."
* DD Form 398 (Statement of Personal History), dated 2 April 1970 and 4 June 1971
* DD Form 4 (Enlistment or Reenlistment Contract Armed Forces of the United States), dated 26 June 1970
* DA Form 20 (Enlisted Qualification Record), dated 2 July 1970
4. His records do not contain any documents showing his name as "D____ McH____."
5. He was honorably released from active duty on 26 April 1972. His DD Form 214 shows his name as "L____, J____ Jr." with his signature as "J____ L____, Jr."
6. He provided a court name-changing decree which shows his name was legally changed to "D____ McH____" on 3 April 2013.
7. 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was identified as "J____ L____, Jr." throughout his active military service.
2. The applicant did not legally change his name until 2013, over 40 years after his release from active duty.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's name in this case. The applicant is advised that a copy of this decisional document which confirms his current name will be filed in his official 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 current name documented in his military records.
4. Based on the foregoing evidence, his request should be denied.
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) AR20130007195
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ABCMR Record of Proceedings (cont) AR20130007195
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