IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150001297
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 (Certificate of Release or Discharge from Active Duty) be corrected to show his new legal first name.
2. The applicant states, in effect, that he changed his first and middle name many years ago to Mark and the only legal document that has not been changed is his DD Form 214 and it is causing him to have problems getting his Department of Veterans Affairs benefits.
3. The applicant provides copies of his DD Form 214, drivers license and passport.
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 enlisted in the Regular Army on 26 September 1974 for a period of 3 years, training as a correctional specialist and assignment to Fort Dix, New Jersey. He enlisted using the first and middle name contained on his DD Form 214.
3. He completed his basic training at Fort Dix and his advanced individual training at Fort Gordon, Georgia before being returned to Fort Dix for his first and only duty assignment.
4. On 26 September 1977, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD contains the name he enlisted under and under which he served all of his service.
5. The applicant now provides a copy of his drivers license and passport showing the spelling of his first name as Mark.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted his first and middle name were reflected in his records as reflected on his DD Form 214. He served all of his service under that first and middle name and he has not offered any evidence to show that an error or injustice exist in his case. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 record his current first name as shown on his personal documents 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 will be filed in his official records. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his first name as shown on his drivers license and passport documented in his official records.
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) AR20150001297
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ABCMR Record of Proceedings (cont) AR20150001297
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