IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008396
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 military records to reflect his name as LE----- F-----.
2. The applicant states his name was changed as a result of a court order in 2009. He wants his record, to include his DD Form 214 (Certificate of Release or Discharge from Active Duty), to reflect his current name.
3. The applicant provides:
* personal statement
* DD Form 214
* Civil Court of the City of New York Decree Changing Name
* copy of his passport, social security card, and state driver license
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 1 February 2001, he enlisted in the U.S. Army Reserve (USAR) under the name R---- E------- LF-----. His enlistment contract authenticated in his own hand shows his name as R---- E------ LF----- .
3. He provides his DD Form 214 showing he was ordered to active duty in support of Operation Enduring Freedom for the period 9 January 2004 through 26 February 2005.
4. On 31 December 2008, Headquarters, 377th Theater Sustainment Command issued Orders 08-366-00003 discharging him from the USAR on 30 January 2009.
5. He provides a copy of a decree from the Civil Court of the City of New York which shows his name was changed from R---- E------ LF----- to LE------ F---- on 2 December 2009.
6. Documents throughout his official military personnel file (OMPF) show his name as R---- E------ LF-----.
7. He provides a copy of his passport, social security card, and state driver license all showing his name as L-- E------ F-----.
DISCUSSION AND CONCLUSIONS:
1. He requests correction of his military records to show he served under the name of L-- E------ F-----. However, his records show he enlisted and served under the name of R---- E------ L-- F-----.
2. The Army has an interest in maintaining the accuracy 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.
3. In the absence of compelling information to the contrary, there is an insufficient basis for changing his records which existed prior to the Civil Court of the City of New York decree changing his name to L-- E------ F----- on 2 December 2009 since he appropriately served under the name he provided upon his entry into the Army.
4. A copy of this decisional document which confirms the applicant's name change will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different names under which he served.
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) AR20140008396
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ABCMR Record of Proceedings (cont) AR20140008396
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