IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140016152
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 records to show his name as J____ E____ S____, Jr., instead of J____ E____ E____, Jr., in accordance with the correction made to his birth certificate.
2. The applicant states:
* he went to his father's birth place and retained a copy of his father's birth certificate
* his family name was corrected to its original spelling and he has since updated his birth certificate to reflect the same
* since his name contains the suffix Jr., he had to assume his father's middle name as well
* he did not know he had to update this information with the Department of Veterans Affairs since his discharge occurred so long ago
3. The applicant provides:
* corrected State of New Jersey Department of Health and Senior Services Bureau of Vital Statistics Certificate of Live Birth
* State of New Jersey Certificate of Live Birth correction request
* New Jersey Department of Health and Senior Services Bureau of Vital Statistics Request for Correction to New Jersey Vital Record of Marriage
* 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. On 30 June 1989, the applicant enlisted in the Army National Guard under the name J____ E. E____, Jr.
3. His records show he consistently used the name J____ E. E____, Jr., throughout his service.
4. On 29 June 1996, he was honorably discharged. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his name as J____ E. E____, Jr.
5. The applicant provided copies of his:
* corrected State of New Jersey Department of Health and Senior Services Bureau of Vital Statistics Certificate of Live Birth issued on 2 March 2010, showing his name as J____ E____ F____
* State of New Jersey Department of Health and Senior Services Bureau of Vital Statistics Certificate of Live Birth showing his name was changed to J____ E____ E_____, Jr., on 2 April 1984
* State of New Jersey Department of Health and Senior Services Bureau of Vital Statistics Request for Correction to New Jersey Vital Record of Marriage showing he had his name changed to J____ G____ S____, Jr., on 22 March 2010
* social security card showing his name as J____ G____ S____, Jr.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he enlisted, served, and was discharged under the name J____ E. E____, Jr. He provided three certificates from the State of New Jersey Department of Health and Senior Services Bureau of Vital Statistics and his social security card that all show his name was subsequently changed to J____ G____ S____, Jr.
2. While it is understandable that he now desires to record the name shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend a change to those records.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name that is now shown on his birth certificate.
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 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) AR20140016152
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ABCMR Record of Proceedings (cont) AR20140016152
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