IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009164
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 U.S. Army Reserve Personnel Center Orders D-04-028138 discharging him from the U.S. Army Ready Reserve to reflect his last name as M-----instead of S----.
2. The applicant states he legally changed his last name to his birth name and he would like his U.S. Army Ready Reserve discharge documents to reflect his current name.
3. The applicant provides:
* U.S. Army Reserve Personnel Center Orders D-04-028138, dated 23 April 1986
* Commonwealth of Kentucky Bracken County District Court Name Change Order, dated 11 March 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 March 1983 U.S. Navy
* Naval Reserve Personnel Center Record of Discharge, dated 6 March 1985
* Kentucky driver's 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. Following service in the U.S. Navy and Naval Reserve, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 18 February 1986. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his last name as S----.
3. He was discharged from the U.S. Army Reserve effective 7 April 1986 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 8 April 1986. He was discharged from the Regular Army on 12 May 1986 for entry-level status performance and conduct after being absent without leave from 27 April 1986 to 1 May 1986. His service was uncharacterized. His DD Form 214 shows his last name as S----.
4. All documents in his military records, including those documents provided by the applicant, consistently show his last name as S----. The last name M----- is not recorded on any documents in his military records.
5. The applicant provided a name change order showing his last name was legally changed to M----- on 11 March 2014.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation states 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 is complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the orders discharging him from the U.S. Army Ready Reserve to show his last name as M----- was carefully considered.
2. All documents throughout the applicant's military records reflect his name as S----. He did not legally change his name until nearly 28 years after his discharge from the U.S. Army Ready Reserve.
3. 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 that he now desires to record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. A copy of this decisional document which confirms his legal name change will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the last name recorded in his military record and the last name he currently uses.
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 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) AR20140009164
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009164
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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