IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150002141
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as C-----.
2. He states that he legally changed his name.
3. He provides his DD Form 214 and a court order.
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. Having prior service in the U.S. Navy the applicant enlisted in the Army National Guard on 11 September 1990. He completed a period of active duty training from 2 November 1990 to 8 February 1991 and the DD Form 214 issued at the time of his release from active duty shows in item 1 (Name (Last, First, Middle)) his last name was listed as P-----.
3. He provided his court order from the District Court, 134th Judicial District, Dallas County, Texas, dated 20 March 1997. This court order changed the applicant's last name to C-----.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 shows his last name as C-----.
2. The fact that he legally changed his name on 20 March 1997 is noted; however, this does not change the conditions and circumstances that existed at the time his official military personnel file was created.
3. 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 understood that the applicant desires to now record his court-ordered name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. A copy of this decisional document will be filed in his military records to clarify the difference between the name used in his military records and the name he currently uses.
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.
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ABCMR Record of Proceedings (cont) AR20150002141
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