IN THE CASE OF:
BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20150001261
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 his name be changed from Thompson, Lxxx Lxxxx Jr. to Hakim, Hxxxxx Axxxx on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states he obtained a legal name change.
3. He provides his DD Form 214 and Virginia Driver's License.
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 3 February 1970. He served 1 year, 8 months, and 6 days on active duty and he was honorably released from active duty on 9 November 1971.
3. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his name as Thompson, Lxxx Lxxxx Jr. A review of his record shows he used this name throughout his military service.
4. A copy of his legal name change document from the Circuit Court of Richmond, contained in his record from a previous case, shows in 1999 his name was legally changed from Thompson, Lxxx Lxxxx Jr. to Hakim, Hxxxxx Axxxx. Additionally, this name is listed on his Virginia Driver's License.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that at the time the applicant was issued his
DD Form 214, his name was Thompson, Lxxx Lxxxx Jr. The change in his name did not occur until 1999, after the issuance of his DD Form 214. Therefore, the name contained on his DD Form 214 is correct as constituted.
2. 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. While it is understandable that the applicant desires to have his name changed in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decision document 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.
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) AR20150001261
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ABCMR Record of Proceedings (cont) AR20150001261
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