IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008946
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 (Certificate of Release or Discharge from Active Duty) for the period ending 27 July 2009 to show his name as D.C.F. instead of D.C.B-F.
2. The applicant states his legal name was changed on 2 May 2012.
3. The applicant provides a court order pertaining to his change of name.
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 14 June 1999, the applicant, an officer in the U.S. Army Reserve, was ordered to active duty to fulfill active Army requirements. His active duty orders show his name as D.C.F. He entered active duty on 7 September 1999.
3. His military records show that he served under the name D.C.F. until on/or around 17 December 2006.
4. His Officer Evaluation Report covering the period 17 December 2006 through 1 July 2007 shows he digitally signed the form listing his name as D.C.B-F.
5. On 6 February 2009, he underwent Physical Evaluation Board (PEB) proceedings. The DA Form 199 (PEB Proceedings) lists his name as D.C.B-F. He signed the DA Form 199 listing his name as D.C.B-F.
6. Orders, dated 29 June 2009, directed his release from assignment and duty due to physical disability and placement of the Temporary Disability Retired List (TDRL). The orders list his name as D.C.B-F.
7. He retired on 27 July 2009. Block 1 (Name) of his DD Form 214 for this period of service lists his name as D.C.B-F. Block 18 (Remarks) of the DD Form 214 shows the entry "BLOCK 1: OTHER NAME(S) OF RECORD: D.F., D.C.B-F. He signed the DD Form 214 listing his name as D.C.B-F.
8. He provides a court order pertaining to his change of name. The court order indicates his name was changed from D.C.B-F to D.C.F on 2 May 2012. The court order further indicates that he had previously changed his name from D.C.F. to D.C.B-F.
9. Army Regulation 635-5 (Separations 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his name as D.C.F. instead of D.C.B-F. has been carefully considered.
2. The evidence of record shows he served under both names during the period covered by the DD Form 214 for the period ending 27 July 2009. The evidence further shows that he was serving under the name D.C.B-F. at the time of his release from duty and placement on the TDRL.
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. Block 18 of his DD Form 214 documents all names used during the period covered by the DD Form 214. Therefore, it appears his DD Form 214 is correct as currently constituted and as a result, there is no need to correct his DD Form 214.
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) AR20130008946
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ABCMR Record of Proceedings (cont) AR20130008946
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