BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130017977
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 (Certificate of Release or Discharge from Active Duty) to show his name as R____ D____ H____.
2. The applicant states his name has been legally changed.
3. The applicant provides a copy of his District Court of Denton County, TX, Decree Granting Change of Name of Adult.
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 22 May 1990 under the name K____ L____ S____. He was discharged on 28 March 1994.
3. All of his military service records show he served under the name K____ L____ S____. The applicant signed his DD Form 214 using the name K____ L____ S____.
4. There is no evidence in the available records that shows he performed military service under the name R____ D____ H____.
5. The applicant provided his District Court of Denton County, TX, Decree Granting Change of Name of Adult which shows his name was legally changed to R____ D____ H____ on 15 December 1999.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the name K____ L____ S____ throughout his military service and this name is properly recorded on his DD Form 214.
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 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.
ABCMR Record of Proceedings (cont) AR20130017977
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ABCMR Record of Proceedings (cont) AR20130017977
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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