BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140016876
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 change the name on his DD Form 214 (Certificate of Release of Discharge from Active Duty).
(NOTE: The applicant also requests his general under honorable conditions discharge be upgraded to honorable. However, Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), which governs the functioning of this Board, provides that cases will not be considered until all avenues of administrative relief have been exhausted. The applicant has a case pending before the Army Discharge Review Board. Therefore, this issue will not be further addressed.)
2. The applicant states he wishes his DD Form 214 to show the name of his biological father.
3. The applicant provides copies of his DD Form 214 and approximately
16 pages of legal documents relating to legally changing his 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 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 27 May 1997 under the name currently shown on his DD Form 214. He served under, was processed and was discharged using that name exclusively effective 6 October 2001.
3. The applicant changed his name on 7 August 2014.
4. Army Regulation 635-5, as then in effect, prescribed the separation documents to be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. 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. 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 that those records be changed. While it is understandable the applicant desires to have his military records reflect the current first name that he uses; however, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and the name he currently uses.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
__X______ __X______ __X__ GRANT FORMAL HEARING
________ ________ ________ 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) AR20140016876
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ABCMR Record of Proceedings (cont) AR20140016876
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