BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130021157
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 (Report of Separation from Active Duty) to change his name from "Gxxxx Rxxxxx Gxxx to Cxxx, Rxxxxx Gxxx."
2. The applicant states his last name was changed on 10 April 1976, from "Gxxxx" to "Cxxx" and he would like his DD Form 214 to show his correct last name.
3. The applicant provides a copy of his DD Form 214, his State of Ohio Certificate of Live Birth, and his legal name change order, issued by the County Court for Grainger County, TN.
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 5 February 1974, the applicant enlisted in the Regular Army. Item 5 (Last Name First Name Middle Name) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his name as "Gxxxx, Rxxxxx Gxxx." Additionally, all allied enlistment documents identify him by that same name.
3. On 29 January 1976, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as "Gxxxxn, Robert Gxxx."
4. On 10 April 1976, the County Court for Grainger County, TN granted his request for a legal name change and directed his full name be changed from "Gxxxx, Robert Gxxx " to "Cxxxx, Robert Gxxx."
5. The documents contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)), initiated and completed during his Regular Army period of service covered by his DD Form 214, consistently show his name as "Gxxxx, Robert Gxxx." His name is not represented as "Cxxxxh, Robert Gxxx at any time during his period of active military service; however, it is represented in this manner on a couple of occasions during his period of USAR service following his discharge from the Regular Army.
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 the preparation of the DD Form 214. 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. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be amended to correct his name.
2. The evidence of record shows that upon his enlistment into the Army, he listed his name as "Gxxxx, Robert Gxxx." The evidence of record further shows he used that name throughout his period of service in the Regular Army. Later, after he was separated from the Regular Army, his name was legally changed to "Cxxxx, Robert Gxxx" and he used that name for the remainder of his military service.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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 he now desires to record his current name throughout his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.
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) AR20100016239
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ABCMR Record of Proceedings (cont) AR20130021157
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