BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009276
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name change.
2. The applicant states, in effect, he wants his name changed on his DD Form 214 to reflect his new name.
3. The applicant provides:
* Certificate of Record, dated 5 February 1986
* Florida Driver License, issued on 29 June 2009
* Final Judgment of Change of Name, dated 10 April 2013
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 (RA) on 26 February 1959. He completed training and he was awarded military occupational specialty 152.60 (field artillery operations and intelligence assistant). His record contains the following:
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 26 February 1959, that lists his name as "S-----n J----e S----n, Jr."
* DD Form 93 (Record of Emergency Data), dated 27 August 1961, that lists his name as "S-----n J----e S----n, Jr."
* DA Form 24 (Service Record), for the period 26 February 1959 through 12 April 1962, that lists his name as "S-----n J. S----n, Jr."
* DA Form 20 (Enlisted Qualification Record) that lists his name as
"S-----n J. S----n, Jr."
3. On 12 April 1962, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. The DD Form 214 he was issued at the time shows his name as
"S----n, S-----n J----e Jr."
4. On 31 January 1965, he was honorably discharged from the USAR. Letter Orders issued by the Office of the Adjutant General, U.S. Army Records Center, St. Louis, MO, dated 31 January 1965 and his Honorable Discharge Certificate list his name as "S-----n J. S----n, Jr."
5. He provided a:
* Florida Driver License, issued on 29 June 2009, that lists his name as
"J-y S----n"
* A Final Judgment of Change of Name, dated 10 April 2013, that changed his name from "S-----n J----e S----n, Jr." to "J-y S----n"
6. 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 Soldiers 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 evidence of record shows the applicant served in the RA and USAR in the name that is shown in the records and on his DD Form 214. The name change was effected after his discharge. Therefore, his military records and
DD Form 214 are correct as currently constituted.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record his changed name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records 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 (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB/name recorded in his military record and to satisfy his desire to have his correct DOB/name documented in his AMHRR.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief,
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) AR20130009276
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ABCMR Record of Proceedings (cont) AR20130009276
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