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ARMY | BCMR | CY2014 | 20140009278
Original file (20140009278.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140009278 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his legal name change.

2.  The applicant states he desires his DD Form 214 to be corrected to reflect his legal name change so his family can make reliable end of life decisions.

3.  The applicant provides copies of his DD Form 214 and the court order effecting his legal name change.

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 on 15 January 1963 for a period of 3 years using the first name of “Gasper” and his last name spelled with a “Z.”  He completed his one-station unit training as a combat engineer at Fort Leonard Wood, Missouri and was transferred to Fort Carson, Colorado for his first duty assignment.

3.  On 26 August 1964, he was transferred to Korea where he served until 
12 September 1965 when he was transferred back to Fort Carson. 

4.  On 26 October 1965, he submitted a request to have his name changed in his official records to reflect a first name of “MATHEW” and to have his last name spelled with an “S” instead of a “Z” based on a court-approved name change on  5 October 1965.  His request was approved on 22 December 1965 and his records were corrected accordingly.

5.  On 14 January 1966, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD reflects his name as corrected by the legal name change dated 5 October 1965. 

6.  On 29 July 1969, the applicant again received a legal name change in Dallas County, Texas which changed his first, middle, and last name. 

7.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records reflect the name in which he served under at the time he was REFRAD and his DD Form 214 correctly reflects that information.  He subsequently changed his name after his REFRAD.  Accordingly, there is no error or injustice in his case.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now change his 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.

3.  The applicant is advised that a copy of this decisional document along with his application will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his official records.  Accordingly, there is no basis for granting the applicant's requested relief.

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)                                         AR20140009278





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ABCMR Record of Proceedings (cont)                                         AR20140009278



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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