IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010222
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:
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 first and middle names as Roberta Raine.
2. The applicant states he legally changed his name.
3. The applicant provides a General Judgment of Name Change (Adult), dated 4 January 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 accepted a commission as a second lieutenant in the U.S. Army Reserve on 9 June 1973. On 24 November 1973, he was ordered to active duty for training. He completed training and he was honorably released from active duty on 26 March 1974.
3. Item 1 (Name (Last Name First Name Middle Name) of his DD Form 214 shows his name as Robert Reid H____.
4. He provided a General Judgment of Name Change (Adult) from the Circuit Court of the State of Oregon for Multnomah County, dated 4 January 2013. This court order changed the applicant's name to Roberta Raine H____.
5. 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 establishes standardized policy for 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. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel records.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his first and middle names as Roberta Raine.
2. The fact that he legally changed his name on 4 January 2013 is noted; however, this does not change the conditions and circumstances that existed at the time his military records were created.
3. 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 new name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
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) AR20130010222
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ABCMR Record of Proceedings (cont) AR20130010222
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