IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140004168 


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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his correct and legal name of Jxxn Cxxxxxk Jr.

2.  The applicant states this was his name at birth and remains his name.  The error occurred at the time of his enlistment.  While nearing the age of retirement, he finds it important that the names on all of his important documents agree.  Jxxn Rxxxxxd Cxxxxxk is the name on his DD Form 214 and prior records.  Jxxn Cxxxxxk Jr. is his correct name.  The error was probably caused by error on his school records.  He was told at the time, "It's not important, carry on."  Errors on his social security number are being corrected at this time.

3.  The applicant provides copies of his DD Form 214, birth certificate, state commercial license, and passport.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 20 February 1975.  His records contain the following:

* DD Form 398 (Statement of Personal History), dated 18 February 1975, which lists his name as Jxxn Rxxxxxd Cxxxxxk
* DA Form 3284-R (Applicant's Statement of Name Change), dated 18 February 1975, wherein he stated he preferred to use the name of Jxxn Rxxxxxd Cxxxxxk instead of Jxxn Cxxxxxk Jr
* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 20 February 1975, which lists his name as Jxxn Rxxxxxd Cxxxxxk

3.  He enlisted in the Regular Army (RA) on 13 May 1975.  His records also contain the following:

* DD Form 4, dated 13 May 1975, which lists his name as Jxxn Rxxxxxd Cxxxxxk
* DA Form 41 (Record of Emergency Data), dated 18 May 1977, which lists his name as Jxxn Rxxxxxd Cxxxxxk
* DA Form 2-1 (Personnel Qualification Record – Part II), reviewed on 18 May 1977, which lists his name as Jxxn Rxxxxxd Cxxxxxk

4.  He was released from active duty on 12 May 1978 and he was transferred to the USAR.  Item 1 of his DD Form 214 lists his full name as Jxxn Rxxxxxd Cxxxxxk.

5.  Orders Number 01-1006918, issued by the Reserve Components Personnel and Administration Center, on 28 January 1981, discharged him from the USAR on 19 February 1981.  The orders list his name as Jxxn Rxxxxxd Cxxxxxk.

6.  He provided copies of the following:

* Ohio Department of Public Health, Certificate of Live Birth, registered on 3 August 1954, which identifies an individual with the name of Jxxn Cxxxxxk Jr was born on the same date as the date for birth listed in his records
* state commercial license which lists his name as Jxxn Cxxxxxk Jr
* passport which lists his name as Jxxn Cxxxxxk Jr

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 1 would list the name in all capitals and include "SR," "R," or "II," if appropriate.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's enlistment in the DEP he completed a DA Form 3284-R wherein he stated he preferred to use the name of Jxxn Rxxxxxd Cxxxxxk instead of Jxxn Cxxxxxk Jr.  He continued to use that name during his periods of service in the RA and USAR.  This name is consistent with the name shown on all his military documents.  It appears he began using the name Jxxx Cxxxxxx Jr after his separations in 1978 and 1981.

2.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record the name he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared, and there is an insufficient evidentiary basis to grant him relief.  However, a copy of this decisional document will be filed in his records to clarify the difference between his current name and the name used during his periods of service.

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)                                         AR20140004168





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ABCMR Record of Proceedings (cont)                                         AR20140004168



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