IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150002291
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 correction of his record to show his first name as C. instead of Cxxxxxxx.
2. The applicant states he legally changed his first name from Cxxxxxxx to C. by court order on 26 September 2007, and he should be issued a DD Form 215 (Correction to DD Form 214) to show his new name.
3. The applicant provides:
* Judgement Order
* DD Form 214 (Armed Forces of the United Report of Transfer or Discharge)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. This case is being considered primarily using a copy of the DD Form 214 the applicant provides.
3. The applicants DD Form 214 contains the name he now claims is in error. It also shows:
a. He enlisted in the Regular Army on 13 April 1970 and continuously served until he was honorably discharged on 20 April 1973.
b. He authenticated this document with his signature using the name that he now claims is in error in Item 32 (Signature of Person Being Separated) on the date he was separated.
4. The applicant provides a Probate Court of Summit Ohio, Judgement Order dated 26 September 2007, showing he petitioned the court to change his birth name from Cxxxxxx Rxx Yxxxx to C. Rxx Yxxxx and his request was granted on
26 September 2007.
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicants military record was not available for review. However, the
DD Form 214 he provided lists the name he now claims is incorrect. Further, the applicant authenticated this document using that same name. Based on his signature, it appears he performed his service under the name he now claims is in error.
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. 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 last name 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 decisional document, which confirms his court-ordered name change, will be filed in his record. 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 court-ordered name change documented in his record (or reconstructed record, if applicable).
4. In view of the foregoing, 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) AR20150002291
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ABCMR Record of Proceedings (cont) AR20150002291
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