IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008294
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 (Report of Separation from Active Duty) to show his name as "N___ J_____ R__" instead of "M____, W______, J_."
2. The applicant states his mother gave birth to him at age 16 in North Carolina. After his mother married a man other than his biological father, she changed his name without doing the proper paperwork. He discovered the error in 1998 while seeking employment in North Carolina. After requesting a copy of his birth certificate from the courthouse, he discovered the name he was using did not exist in their records; however, his social security number matched an individual with the name of "N___ J_____ R__."
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army (RA) on 1 November 1972. Item 5 (Last Name - First Name - Middle Name) of the applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant's name as "M_____, W______ J_."
3. The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's name as "M_____, W______ J_." Many of these forms are authenticated by the applicant using this name.
4. The applicant was honorably released from active duty in the rank/grade of specialist four/E-4 on 9 February 1976. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 shows the applicant's name as "M_____, W______ J_."
5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed 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 applicant contends that his DD Form 214 should be modified to show his name as "N___ J_____ R__" instead of "M____, W______, J_."
2. The evidence of record shows that upon his enlistment in the RA on
1 November 1972, the applicant listed his name as "M____, W______, J_." This name is consistent with the name on every document in the applicant's service records.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The applicant provides insufficient evidence to support his contention. In the absence of compelling information to the contrary, there is no basis for changing the applicant's name in this case.
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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