BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001639
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, that his records be corrected by adding the prefix of Jr. to his name.
2. The applicant states, in effect, that he had his name legally changed to reflect the prefix of Jr."
3. The applicant provides copies of his original birth certificate, corrected certified copy of his birth certificate, and a court order changing his 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 on 28 January 1971 under the name that is reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. He was honorably released from active duty (REFRAD). He had served 1 year, 8 months, and 27 days of active service and his DD Form 214 issued at the time of his REFRAD reflects the name he served under during his entire period of service.
4. The court order provided by the applicant is dated 3 October 2013 and shows that his name was changed to add the prefix of Jr.
5. Army Regulation 635-8 (Separation Processing and Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's official records shows he served his entire period of active duty under the name that is reflected on his DD Form 214 and throughout his official records.
2. Although the applicant had a change to his name made in 2013, that does not affect the applicants military records as they are correct in that they reflect the name he served under at the time.
3. 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 change his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Accordingly, there is no basis for granting the applicant's requested relief.
4. The applicant is advised that a copy of this decisional document will be filed in his 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 the name shown on his birth certificate documented in his 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 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) AR20140001639
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