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ARMY | BCMR | CY2013 | 20130016887
Original file (20130016887.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130016887 


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 a change of his first name.

2.  The applicant states he legally changed his name from Wxxxxxx Pxxxxx, Jr. to Cxxxx Pxxxxx.  He continues he was discharged in 1979, changed his name in 2010 and is recently looking into benefits from the Veterans Affairs (VA).

3.  The applicant provides copies of the following:

* Self-authored statement
* Judgment of Change of Name
* DD Form 214 (Report of Separation from Active Duty)
* Social Security  Number Card
* Louisiana Driver’s License

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's military records show he enlisted in the United States Army, in pay grade E-1, on January 19, 1976, for 3 years.  He enlisted under the name of Wxxxxxx Pxxxxx, Jr.  

3.  The applicant was discharged in pay grade E-4 on 18 January 1979.  

4.  Item 1 (Last Name, First Name, Middle Name) of the applicant’s DD Form 214 shows the name he served under.  

5.  The applicant provides a copy of a Judgment of Change of Name, dated 16 June 2010, which shows he legally changed his name to Cxxxx Pxxxxx on that date.

6.  The applicant also provided copies of his Louisiana Drivers License and his Social Security Number Card reflecting his new name.

7.  The applicant provides his statement indicating when he was born his name was Cxxxx Pxxxxx and later changed to Wxxxxxx Pxxxxx, Jr. by his parents.  He further states after his father passed away, he decided to take back his original first name.

8.  The military documents that are on file in his Army Military Human Resource Record,  formerly known as the official military personnel file, shows he served and was released from the Army under the name shown on his DD Form 214.  There is no evidence in his service personnel records to show he legally changed his name while he served in the Army.

9.  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 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 served in and was discharged in the name that is shown in the records and on his DD Form 214.  The name change was effected subsequent to discharge.  Therefore, his military records and DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting him the requested relief.

2.  While his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  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.  These Proceedings will be filed in the applicant’s Army Military Human Resource Record to clarify any confusion between his current name and the name he used while in the Army.

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)                                         AR20130016887





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130016887



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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