IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140002444
THE APPLICANT'S REQUEST, STATEMENT, AND 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 records to show his name as Yuram Abdullah W_____.
2. The applicant states that due to some unusual and unexpected circumstances, he has legally changed his name twice since his release from active duty in 1970 and would like to update his records.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a Final Decree for Change of Name, and a self-authored statement.
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. Records show the applicant enlisted in the Regular Army (RA) on
31 August 1967. Item 1 (Name - Last, First, Middle) of his DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows the name of Jerome Travis W_____ Jr. All of the official documents contained in his Official Military Personnel File (OMPF) show his last name, first name, and middle name as W_____, Jerome Travis Jr.
3. On 22 August 1970, he was honorably released from active duty after completing 2 years, 11 months, and 22 days of active military service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as W_____ Jerome Travis Jr. Item 34 (Signature of Person Being Transferred or Discharged) shows he clearly authenticated his DD Form 214 using this same name.
4. He submitted a Final Decree for Change of Name, issued on 11 March 2008, which shows his name was changed from Jerome Travis W_____ to Yuram W_____.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 applicants desire to have the legal name change recorded in the military records is noted and understood; however, there is an insufficient evidentiary basis to grant the requested relief.
2. The applicant enlisted, served, and was separated from the Army in the name that is recorded in the military records. The fact that subsequent to service the applicant underwent a name change does not provide a sufficiently mitigating basis for changing the information recorded in the military records, which were correct at the time of his separation.
3. 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 it is understood the applicant desires to have the records changed, there is no compelling reason for compromising the integrity of the Armys records at this time. However, a copy of this Record of Proceedings will be filed in his OMPF so as to clarify the difference in names.
BOARD VOTE:
___X____ ____X___ ____X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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) AR20130019350
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