BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140011161 


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 show his current legal name.

2.  The applicant states his military records show his name as "J____ J____ Jr." However, his name was legally changed to "Q___ K____ S____."

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), court order, and Social Security card.

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.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 1 July 1992.  At the time, his name was recorded in his records as "J____, J____ Jr."  (His social security number was also recorded in his records.)  The applicant further enlisted in the Regular Army on 21 August 1992 with the same name.

3.  The applicant's military service records consistently show his name as "J____, J____ Jr."

4.  The applicant's DD Form 214 shows he entered active duty on 21 August 1992, was honorably released from active duty (REFRAD) on 19 May 1994, and transferred to the USAR Control Group (Reinforcement).  It also shows in item 1 (Name):  "J____, J____ JR."

5.  USAR Personnel Command, St. Louis, MO, Orders D-08-045656, dated 
22 August 2000, honorably discharged the applicant from the USAR effective 
22 August 2000.  The orders show his name as "J____, J____ JR."

6.  In support of his request the applicant provides the following documents.
   
   a.  State of Georgia, Superior Court of Wilcox County, Order, that shows the court granted the applicant's petition to change his name from "J____ J____, Jr." to "Q____ K____ S____" on 25 July 2011.

   b.  Social Security card, issued on 14 August 2013, that shows his recorded social security number and his current legal name (i.e., "Q____ K____ S____").

7.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the enlistment documents, enlisted qualification record, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

	b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 simply state to enter the name in all capital letters.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's military service records reflect his correct name (as he was then known) throughout the course of the entire period of his military service, including on his DD Form 214 when he was REFRAD on 19 May 1994 and his orders when he was discharged from the USAR on 22 August 2000.

2.  The applicant's petition to change his name to "Q____ K____ S____" was granted by court order on 25 July 2011.

3.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documentation provided by the applicant is insufficient evidence to warrant a change to the name in his OMPF.

4.  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 record his current legal 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.  

5.  In view of the foregoing, there is no basis for granting the requested relief.

6.  A copy of this Record of Proceedings will be filed in the applicant's OMPF so a record of his current legal name will be available.

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)                                         AR20140011161



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ABCMR Record of Proceedings (cont)                                         AR20140011161



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