IN THE CASE OF
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001583
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 new name.
2. He states his name was legally changed to Mxxxx Bxxxx on 6 May 1977.
3. He provides a Court Order, filed on 18 May 1977.
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 2 May 1960. His last name, first name and middle name is recorded as "CJE" on this DD Form 47 (Record of Induction).
3. A review of his military personnel file shows that all documents that require a name entry show this same name. He was honorably released from active duty on 5 May 1962.
4. Item 1 (Name (Last Name First Name Middle Name)) of his DD Form 214 shows his name as "CJE."
5. He provided a Civil Court of City of New York, Kings County General Clerk, Petition for Change of Name, filed on 18 May 1977. This court order legally changed the applicant's name to "Mxxxx Bxxxx."
6. Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation has historically required that item 1 of the DD Form 214 would contain the name as taken from the Soldier's personnel records.
DISCUSSION AND CONCLUSIONS:
1. The fact that he legally changed his name on 18 May 1977 is noted; however, this does not change the conditions and circumstances that existed at the time his military records were created.
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 the applicant desires to now record his new name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be added to his official military records. This should serve to clarify any questions or confusion in regard to the difference in his current name and name recorded in his military record and satisfy his desire to have his current name documented in his record.
4. In view of the above, his request should be denied.
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) AR20140001583
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ABCMR Record of Proceedings (cont) AR20140001583
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