IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000577
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as S____ P____ D____.
2. The applicant states his name was legally changed to S____ P____ D____ effective 11 March 2010. He notified the Department of Veterans Affairs (VA) and they have changed his name in their records. However, denial of his request for correction of his DD Form 214 could be cause for denial of his properly-earned entitlement to services and benefits from other government agencies.
3. The applicant provides:
* DD Form 214
* VA Form 21-4138 (Statement in Support of Claim)
* Petition and Declaration for Change of Name
* Decree Confirming Declaration as to Change of Name
* Certificate to Copies Change of Name
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 was inducted into the Army of the United States on 15 December 1967. His DD Form 47 (Record of Induction) shows his name as S____ E____ P____.
3. Item 1 (Name) of his DA Form 20 (Enlisted Qualification Record) shows his name as P____, S____ E.
4. All documents in his military service records show his name as S____ E____ P____. There is no evidence showing he served under any other name.
5. He was honorably released from active duty on 2 December 1969. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as P____, S____ E____.
6. The applicant provides a Petition and Declaration for Change of Name, a Decree Confirming Declaration as to Change of Name, and a Certificate to Copies Change of Name, each issued by the Probate Court of Jefferson County, AL on 11 March 2010, showing the court ordered his requested name change from S____ E____ P____ to S____ P____ D____ effective 11 March 2010.
7. The applicant provided a VA Form 21-4138, dated 14 February 2011, showing he requested amendment of his VA records to show his name as S____ P____ D____.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty on 15 December 1967 and he was released from active duty on 2 December 1969. His records show he performed his entire military service under the name S____ E____ P____. He did not legally change his name until 40 years after his release from active duty.
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 the applicant's desire to have his current name recorded on his DD Form 214 is understandable, this is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms his current name will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current name documented in those records.
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) AR20140000577
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ABCMR Record of Proceedings (cont) AR20140000577
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