IN THE CASE OF: BOARD DATE: 4 November 2008 DOCKET NUMBER: AR20080011492 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, that his first name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 July 1980 be changed to James instead of Ji. 2. The applicant states that James is his legal American first name that he received after he gained citizenship. 3. The applicant provides, in support of his application, copies of his DD Form 214, his Certificate of Naturalization, and a letter from the Department of Veterans Affairs (VA). 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 initially enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP) on 29 April 1977. Item 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Agreement, Armed Forces of the United States) records his first name as Ji. 3. On 13 July 1977, the applicant enlisted in the Regular Army for a period of 3 years. The DD Form 4c (Enlistment/Reenlistment Agreement [continuation Sheet]) records the applicant's first name as Ji. 4. The applicant's first name is recorded as Ji throughout his military personnel record. 5. On 12 July 1980, the applicant was released from active duty. His first name in Item 1 (Name) of his DD Form 214 is recorded as Ji. 6. On 10 June 1981, the applicant was naturalized a U.S. citizen by the U.S. District Court, Eastern District of North Carolina. The applicant's first name is recorded as James on his Certificate of Naturalization. A note attached to the certificate states the applicant's first name was changed by decree of the court from Ji as part of the naturalization on 10 June 1981. DISCUSSION AND CONCLUSIONS: 1. The applicant’s first name appears as Ji throughout his military personnel record for the period of service from 13 July 1977 (date of enlistment) to 12 July 1980 (the date he was released from active duty). Therefore, the applicant’s DD Form 214 reflects the correct first name under which the applicant’s active military service was performed. 2. The applicant's first name was legally changed to James 11 months after the period of service covered by his DD Form 214. 3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data/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, those records should not be changed. 4. The applicant's desire to have the records changed is understandable; however, there is no basis for compromising the integrity of the Army's 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) AR20080011492 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011492 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1