IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140009243
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, in effect, correction of his records to show his name as J----- H--- vice A------ J----- M----.
2. The applicant states that he has a court ordered name change.
3. The applicant provides:
* his DD Form 214 (Report of Separation from Active Duty)
* an Order on Verified Petition for Change of Name
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's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he enlisted in the Regular Army on
26 February 1979, under the last name, first name and middle name M----, A------
J-----. All of the official documents contained in his Official Military Personnel File (OMPF) show his last name, first name, and middle name as M----, A------ J-----.
3. On 21 September 1979, he was honorably discharged after completing 1 month and 25 days of active military service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as M----, A------ J-----. Item 29 (Signature of Person Being Separated) shows he clearly authenticated his DD Form 214 using this same name.
4. He provides an Order on Verified Petition for Change of Name that shows his name was legally changed from A------- J----- M---- to J----- H--- on 18 April 2014.
5. Army Regulation 635-5 (Separation Documents), in effect at that time, stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's name was A------ J----- M---- at the time he was honorably discharged on 27 September 1979. His legal name change to J----- H--- did not occur until 28 April 2014, nearly 35 years after he was discharged. As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of separation. Therefore, his name is correct as constituted on his DD Form 214.
2. 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. There appears to be no compelling reason to compromise the integrity of the Armys records by changing his name.
3. This Record of Proceedings will be filed in his OMPF to provide clarity and to resolve any confusion that may arise regarding the difference in the name he used when he served on active duty and the 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 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) AR20140009243
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ABCMR Record of Proceedings (cont) AR20140009243
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