BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003649
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 the name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 July 1991 be changed to reflect his name as legally changed in a Decree for Change of Name from the Circuit Court for Montgomery County, MD filed on 3 August 1994.
2. The applicant states he had his name legally changed on 3 August 1994.
3. The applicant provides a Decree for Change of Name from the Circuit Court for Montgomery County, MD filed on 3 August 1994.
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 6 August 1987, he enlisted in the Regular Army for 4 years. His
DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his last name as: Lei_______, first name as L_____, and his middle name as L__, Jr.
3. All documents throughout his Military Personnel Records Jacket (MPRJ) reflect the above name.
4. On 29 July 1991, he was released from active duty. His DD Form 214 shows his name as Lei_________, L_____, L__, Jr.
5. On 3 August 1994, the Circuit Court for Montgomery County, MD changed his last name to Al____, and first first name to L__.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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 at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. All documents throughout his MPRJ reflect his name as Lei________, L_____, L__, Jr. He did not officially change his name until 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. 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 legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his legal name, will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his legal name documented in his MPRJ.
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.
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