IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002143
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 name be changed on all of his records.
2. The applicant states he legally changed his name and requests that his Army records be changed to reflect his new name.
3. The applicant provides copies of:
* two social security cards with the same SSN and his previous and current names
* two birth certificates, issued by Puerto Rico, that list his previous and current names
* three DD Forms 214 (Certificate of Release or Discharge from Active Duty) for Air Force/Air National Guard (ANG) service
* DD Form 214 for Army/U.S. Army Reserve (USAR) service
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Court order 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 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 available evidence includes three DD Forms 214 that show the applicant served in the ANG during three periods of service under the following spellings of his name:
* Vxxxx-Fxxxxxxx Rxxxx Dxxxxx from 3 May 200 to 18 August 200
* VxxxxFxxxxxxx Rxxxx Dxxxxx from 12 December 2001 to 7 September 2002
* Vxxxx-Fxxxxxxx Rxxxx Dxxxxx from 11 March 2004 to 30 September 2004
3. An NGB Form 22 shows he served in the Air National Guard of Puerto Rico in the name of Vxxxx-Fxxxxxxx Rxxxx D. from 21 January 2000 to 1 October 2005.
4. A DD Form 214 also shows he served in the USAR under the name VxxxxFxxxxxxx, Rxxxx D., from 23 September 2009 to 26 June 2011 until he was retired due to completion of required active service.
5. A court order, dated 6 May 2014, shows the applicant legally changed his name from Rxxxx D. Vxxxx Fxxxxxxx to Fxxxxxxxx Dxxxxx Fxxxxxxx Sxxxxxxxx.
6. The applicant also provides two birth certificates and two social security cards that list his previous and current name as:
* Rxxxx Dxxxxxx Vxxxx Fxxxxxxx, issued on 14 August 2012
* Fxxxxxxxx Dxxxxx Fxxxxxxx Sxxxxxxxx, issued on 16 September 2014 (new name)
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted and served in various branches of the service under several variations of the name Rxxxx Dxxxxxx Vxxxx Fxxxxxxx.
2. There is no evidence he served in any branch of the military under the name he now requests.
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.
4. While it is understood that the applicant now desires to record the court-ordered name change in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. A copy of this Record of Proceedings will be filed in the applicant's official military personnel file to serve as a record of the court-ordered name change.
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) AR20150002143
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002143
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