BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140011554
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 (Armed Forces of the United States Report of transfer or Discharge) to show his current name.
2. The applicant states he had his name changed after his discharge from the Army.
3. He provides his DD Form 214 and a State of Wisconsin Circuit Court final order for a 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 was inducted into the Army of the United States on 9 April 1965. The DD Form 47 (Record of Induction) completed at that time shows his name as "M____ W____ O____."
3. On 30 March 1967, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows the entry "O____, M____ W____."
4. His records are void of documentation showing he served in the Army under any name other than "M____W____ O____."
5. He provides a State of Wisconsin Circuit Court final order for a change of name, dated 8 February 1968, showing he legally changed his name from "M____ W____ O____" to "M____W____ S____."
6. Letter orders number 03-1044109, issued by the Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, dated 31 March 1971, shows he was discharged from the USAR on 8 April 1971. The discharge order shows his name as "O____, M____ W."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he was inducted, served, and was transferred to the USAR under the name "M____ W____ O____." He provides a Wisconsin Circuit Court final order for a change of name showing a judge granted his petition to change his name on 8 February 1968, approximately 11 months after he was REFRAD.
2. His discharge order from the USAR shows his name as "O____, M____ W." There is no evidence nor does he provide any to show he requested to have his name changed to his current name prior to his release from the USAR.
3. 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 that the applicant desires to record the name he now uses on his DD Form 214, his decision to change his name after he was REFRAD is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the name recorded in his military records and the name he now 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.
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