IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009484
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 (Certificate of Release or Discharge from Active Duty) to show his name as K---- L-- vice K----- V-- N-----.
2. The applicant states the name on his DD Form 214 is not current and he wants it changed.
3. The applicant provides a court order.
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. Having had prior Reserve service, the applicant enlisted in the Regular Army (RA) on 23 July 2002. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 23 July 2002, shows his name as K------ VN-----.
3. His record contains numerous orders and personnel, finance, medical, and legal documents that all show his name as K----- VN-----.
4. He reenlisted in the RA on 26 March 2005. His DD Form 4, dated 26 March 2005, shows his name as K----- VN-----.
5. He was retired on 27 October 2008 by reason of temporary disability and he was placed on the temporary disability retired listed (TDRL).
6. Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued shows his name as K----- VN-----.
7. Order D017-02, dated 17 January 2013, issued by the U.S. Army Physical Disability Agency, removed him from the TDRL and permanently retired him. These orders show his name as K----- V. N-----.
8. The applicant provides a State of Washington court order, dated 6 February 2013, wherein it shows he legally changed his name from K----- VN----- to K---- L--.
9. Army Regulation 635-5 (Separation Documents) at the time established standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 evidence of record confirms when the applicant enlisted in the RA he listed his name as K----- VN-----, and this is the name he used throughout his active duty service.
2. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty. There are no provisions in the governing regulation to change the name on a DD Form 214 to reflect a name acquired after the Soldier's release from active duty. His DD Form 214 correctly shows his name as K----- VN-----, the name he held at the time he was retired and placed on the TDRL. Therefore, he is not entitled to the requested relief.
3. 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. In the absence of compelling information to the contrary, there is no basis for changing the applicants name in this case. However, a copy of this Record of Proceedings will be filed in his military records to explain the difference between his current name and his name of record.
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) AR20140009484
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ABCMR Record of Proceedings (cont) AR20140009484
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