IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130014064
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 (Report of Separation from the Armed Forces of the United States) to show his name as G____ Sheldon Pa___.
2. The applicant states he legally changed his name in 1973 after his discharge and would like to have his DD Form 214 reissued showing his present name for burial and other legal purposes.
3. The applicant provides copies of his DD Form 214 and Final Judgment of Name Change.
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 was inducted into the Army of the United States on 12 November 1962 under the name E____ Sheldon Pu___. He was honorably released from active duty on 29 October 1954 and transferred to the U.S. Army Reserve.
3. All of his military service records show he served under the name E____ Sheldon Pu___. The applicant signed his DD Form 214 as E____ S. Pu___.
4. There is no evidence in the available records that shows he performed any military service under the name G____ Sheldon Pa___.
5. The applicant provided a Circuit Court Final Judgment showing his name was legally changed to G____ Sheldon Pa___ on 30 November 1972. He also provided a Circuit Court Final Judgment of Change of Name (Adult) showing his name was legally changed to G____ Steven Pa___ on 10 July 2003.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the name E____ Sheldon Pu___ throughout his military service and this name is properly recorded on his DD Form 214.
2. His name was legally changed to G____ Sheldon Pa___ on 30 November 1972, 18 years after the period covered by his DD Form 214. His name was again legally changed to G____ Steven___ Pa___ on 10 July 2003.
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. While it is understandable that the applicant desires to record the name he now uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding 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 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.
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