IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015466
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 records to reflect his name change.
2. The applicant states, in effect, he legally changed his name and requests his military records be changed to match that change.
3. The applicant provides copies of his Honorable Discharge Certificate, a court order, and his passport name page.
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 served as a commissioned officer in the Army Reserve from 27 December 1996 through 1 February 2002 under the name Gxxxxx Lxx Mxxxxx.
3. On 12 September 2002, the Superior Court of Arizona, Maricopa County granted the applicant a legal name change to Jxxxxx Axxxxxxxx Kxxxx.
DISCUSSION AND CONCLUSIONS:
1. All available records show the applicant served his entire period of service under the name of Gxxxxx Lxx Mxxxxx. His name was legally changed after he was honorably discharged.
2. 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.
3. While it is understandable the applicant desires to now record the name that he currently uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. A copy of this Record of Proceedings and the court order will be filed in the applicant's Army Military Human Resource Record (formerly known as the Official Military Personnel File) to serve as a record of the legal change of his name for future reference.
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) AR20130015466
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ABCMR Record of Proceedings (cont) AR20130015466
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