IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130020456
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 last name changed from "R-----" to "B------."
2. The applicant states he served under the name "R-----" but he would like to be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that shows his current last name.
3. The applicant provides:
* his DD Form 214
* an Order for Change of Name, dated 23 June 1986
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 20 October 1982 under the last name "R-----." He completed 7 months and 20 days of active service and he was honorably discharged on 9 June 1983.
3. All of the official documents contained in his Official Military Personnel File (OMPF) show his last name as "R-----."
4. Item 1 (Name) of the DD Form 214 he was issued shows his last name as
"R-----" at the time of separation.
5. He provided a copy of his Order for Change of Name, issued in the Chancery Court for Fort Knox County, TN. It states, in effect, his birth last name of B------ was changed to R----- in 1971 by his mother when he was 12 years old. This Order dated 23 June 1986 reinstated his birth last name of "B------."
6. Army Regulation 635-5 (Separation Documents), in effect at that time, states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states to enter the individual's last, first, and middle name in all capital letters in item 1; include "SR," "JR," or "II," if appropriate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the military under the last name "R-----." His mother changed his name to "R-----" prior to his military service. His legal name change to "B------" did not occur until more than 4 years after he was discharged and was issued his DD Form 214. As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of separation. Therefore, his last name is correct as constituted 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. While it is understandable that the applicant desires to have his name changed on his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. He is advised that a copy of this decision document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to his name recorded in his military records and the name he used from birth to age 12 and now.
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) AR20130020456
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ABCMR Record of Proceedings (cont) AR20130020456
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