BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140000386
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, in effect, his military records be changed to show his name as C_____ S_____ W_____.
2. The applicant states, in effect, his name was legally changed to C_____ S_____ W_____ on 22 June 2009 by the Circuit Court for Baltimore County, MD.
3. The applicant provides:
* a Decree for Change of Name, dated 22 June 2009, from the Circuit Court for Baltimore County, MD
* Maryland driver's license
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 31 August 1964, he enlisted in the Maryland Army National Guard (MDARNG) for 6 years. His name is shown as A------ A--- D------ on his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States).
3. He was ordered to report for active duty for training (ACDUTRA). His name is shown as A------ A--- D------ on his ACDUTRA orders.
4. On 30 June 1965, he was released from ACDUTRA and returned to the MDARNG. His name is shown as A------ A--- D------on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 June 1965.
5. The document showing his separation from the MDARNG is not available for review.
6. His name is shown as A------ A--- D------on all available documents in his Military Personnel Records Jacket (MPRJ).
7. The Decree for Change of Name, dated 22 June 2009, from the Circuit Court for Baltimore County, MD ordered that his name was changed from A------ A---
D------ to C----- S----W---.
8. The Maryland driver's license he submitted shows his name as C----- S----
W-----.
9. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military 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 and reflects the conditions as they existed during their period of service and at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. He enlisted and served his entire period of service using the name A------ A--- D------. He legally changed his name to C----- S----W--- 39 years after his period of military service.
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 now record his legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records 39 years after he was separated.
3. The applicant is advised that a copy of this decisional document will be filed in his official military file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his name recorded in his military record and to satisfy his desire to have his legally changed 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) AR20140000386
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