BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017310
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DD Form 215 (Correction to DD Form 214) to show his new first name.
2. He states he would like his DD Form 214 and DD Form 215 to reflect the legal change of his first name to "Mac."
3. He provides:
* DD Form 214
* DD Form 215
* Court Order, adjudged on 10 January 2013
* Certificate of Live Birth, issued on 27 February 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 on 25 February 1966. His first name is recorded as "Mack" on this DD Form 4 (Enlistment Record-Armed Forces of the United States). A review of his military personnel file shows that all documents that require a name entry show his first name as "Mack." He was honorably released from active duty on 2 January 1969.
3. Item 1 (Name (Last Name First Name Middle Name)) of his DD Form 214 shows his first name as "Mack."
4. Item 1 (Name (Last, First, Middle)) of his DD Form 215 shows his first name as "Mack."
5. He provided a Circuit Court of Grant County, West Virginia, Petition for Change of Name, adjudged on 10 January 2013. This court order legally changed the applicant's first name to "Mac."
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 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 fact that he legally changed the spelling of his first name on 10 January 2013 is noted; however, this does not change the conditions and circumstances that existed at the time his military records were created.
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. While it is understandable the applicant desires to now record the new spelling of his first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be added to his official military records. This should serve to clarify any questions or confusion in regard to the difference in the spelling of his current first name and the spelling of the first name recorded in his military record, and satisfy his desire to have the current spelling of his first name documented in his record.
4. In view of the above, his request should be denied.
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) AR20130017310
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ABCMR Record of Proceedings (cont) AR20130017310
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