IN THE CASE OF:.
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020735
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 military records to show his first name as Nathan and to drop "Jr." from his name.
2. The applicant states that he wants this correction so that his military records will match his new name.
3. The applicant provides copies of:
* DD Form 214 (Member 4 copy)
* State of North Carolina Court Order, dated 11 May 2004
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. On 7 January 1986, the applicant enlisted in the Regular Army using the first name of Uvil and the designation "Jr." to indicate he held the same name as his father.
3. On 6 January 1989, the applicant was released from active duty and transferred to the South Carolina Army National Guard (SCARNG), using the same name he used while on active duty.
4. On 21 May 1993, the applicant was separated from the SCARNG with the same name shown above.
5. The applicant has provided a copy of a court order, dated 11 May 2004, establishing that his first name was changed to Nathan and the "Jr" was no longer a part of his name.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be changed to show his new first name as Nathan and to remove "Jr." from his name. He wants his military records to match his new court-ordered name.
2. The applicant enlisted in the Regular Army using the same name as his father but with the "Jr." suffix. He later enlisted in the SCARNG.
3. Several years after his separation from the SCARNG, the applicant's name was legally changed by court order.
4. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
5. Therefore, there is no basis for granting the applicant's request to change the name he legally used during his military service.
6. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record and satisfy his desire to have his name documented in his record.
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) AR20130020735
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020735
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001111
The applicant requests, in effect, promotion to the rank of sergeant major (SGM) with an effective date of rank in January 2002; all back pay and allowances due as a result of this promotion; and placement on the Retired List in the rank of SGM. The evidence of record in this case confirms that the appropriate regulatory guidance was not used during the promotion selection process that considered and did not select the applicant for promotion to the rank of SGM, and that as a result another...
ARMY | BCMR | CY2009 | 20090004993
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: National Personnel Records Center (NPRC) Letter, dated 17 August 2007; College Transcripts, dated 12 May 1984; Retirement Memorandum, dated 13 August 2005; DD Form 93 (Record of Emergency Date); SGLV Form 8286 (Service Members Group Life Insurance Election and Certificate); DD Form 1299 (Application for Shipment and/or...
ARMY | BCMR | CY2013 | 20130017473
IN THE CASE OF: BOARD DATE: 24 June 2014 DOCKET NUMBER: AR20130017473 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DD Form 108 (Application for Retired Pay Benefits), dated 28 July 1975, shows he served in the: * ORC in the rank of second lieutenant from 28 May 1938 to 6 February 1941 * Army of the United States (AUS) in the rank of major from 7 February 1941 to 16 February 1946 * ORC in the rank of major from 17 February 1946 to 28 April 1947 * ARNG in the rank of captain from 29...
ARMY | BCMR | CY2010 | 20100029926
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. _______ _ _______ ___ 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.
ARMY | BCMR | CY2012 | 20120004294
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he has 17 years, 9 months and 5 days of service, and the NGB Form 22 (National Guard Bureau Report or Separation and Record of Service) is incorrect * together the orders and the incorrect NGB Form 22 show repeated attempts to separate him with backdated documents * there was an "manipulating effort" to destroy his military career * the SCARNG has denied him benefits and...
ARMY | BCMR | CY2010 | 20100026078
As a new argument the applicant states: * The State of South Carolina Military Department provided the Army Board of Correction for Military Records (ABCMR) erroneous information * The ABCMR improperly interpreted the intent of an agreement between him and the State * The ABCMR violated its own regulation in overturning a correct decision 3. On 23 October 2009, the applicant submitted a rebuttal statement to the advisory opinion and he indicated that, in accordance with Army...
ARMY | BCMR | CY2008 | 20080011760
The applicant requests promotion to first sergeant or that he be placed on the Active Guard Reserve (AGR) master sergeant controlled grade list ahead of another AGR Soldier who was behind him on the promotion list, but was selected for promotion ahead of him. He states that in South Carolina, a leadership board convenes for promotion to first sergeant and command sergeant major and publishes a leadership roster based on the recommendations of the command sergeants major sitting on the first...
ARMY | BCMR | CY2011 | 20110015498
The applicant requests, in effect, physical disability retirement. The applicant provides: * Department of Veterans Affairs (VA) Form 3288 (Request and Consent to Release of Information from Individual's Records), dated 10 April 1011 * VA Rating Decision, dated 17 June 2010 * VA Form 10-2577F (Security Prescription Form), dated 5 May 2003 * Self-authored memorandum for The Adjutant General's Office of South Carolina, dated 10 August 2006 * Laboratory Reports * DA Form 3349 (Physical...
ARMY | BCMR | CY2012 | 20120002891
The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a DD Form 214 that shows his first name as "Nathaniel" and his DOB as 26 Jxxx 19xx. _______ _ _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.
ARMY | BCMR | CY2009 | 20090000227
The applicant requests, in effect, that the last name listed in his Official Military Personnel File (OMPF) and on his DD Form 214 (Report of Separation from Active Duty) be changed to show the last name listed on his birth certificate. While it is understandable why the applicant would like to have his last name changed in his military records and on his DD Form 214 to match his birth certificate, the available records show he entered the military, served, and was separated under the last...