IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140010022
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his legal name change.
2. The applicant states that his last name was legally changed and he desires his DD Form 214 to be corrected to show that change.
3. The applicant provides of his DD Form 214 and the court order changing his last 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 on 5 April 1965 under the name contained on his DD Form 214. He indicated at the time of his induction that he had an alias last name of Rixx.
3. Meanwhile, the applicants father filed a petition for a last name change of his entire family, to include the applicant. The petition was approved on 21 March 1967.
4. On 4 April 1967, he was honorably released from active duty (REFRAD) under the last name he was inducted under and in which he served his entire period of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to fulfill his statutory service obligation.
5. The applicant submitted a request to the Office of the Adjutant General to have his name changed on his official records which was approved on 5 January 1968. His records from that date were changed to reflect his new last name.
6. On 5 April 1971, he was honorably discharged from the USAR under his new legal last name.
7. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants records reflect the name in which he served under at the time he was REFRAD and his DD Form 214 correctly reflects that information. His name was legally changed just prior to his REFRAD and he subsequently had his name changed in his official records after his REFRAD. Accordingly, there is no error or injustice in his case.
2. 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 change his 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.
3. The applicant is advised that a copy of this decisional document along with his application will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his official records. Accordingly, there is no basis for granting the applicant's requested relief.
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) AR20140010022
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ABCMR Record of Proceedings (cont) AR20140010022
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