IN THE CASE OF: BOARD DATE: 19 July 2012 DOCKET NUMBER: AR20120000623 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 military records to reflect his name as O---- M. M---- instead of M---- O. M----. 2. He states his legal name was changed prior to his final discharge. 3. He provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Certificate of Live Birth * Amendment of Birth Record to Reflect Court Order Change of Name * Ventura Superior Court Decree Changing 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. On 29 January 1997, he enlisted in the Army National Guard (ARNG) under the name M---- O. M----. His enlistment contract authenticated in his own hand shows his name as M---- O. M----. 3. On 15 December 1999, he was discharged from the ARNG and as a Reserve of the Army. 4. On 16 December 1999, he enlisted in the U.S. Army Reserve (USAR) under the name M---- O. M----. 5. He provides his DD Form 214 showing he was ordered to active duty in support of Operation Enduring Freedom for the period 7 March 2003 through 16 June 2004. 6. He provides a copy of a decree from the Ventura Superior Court which shows his name was changed from M---- O---- M---- to O---- M M---- on 9 September 2005. 7. Orders 06-306-00017 show he was discharged from the USAR on 15 November 2006. 8. All documents throughout his official military personnel file (OMPF) show his name as M---- O. M----. DISCUSSION AND CONCLUSIONS: 1. He requests correction of his military records to show he served under the name of O---- M. M----. However, his records show he enlisted and served in both the ARNG and USAR under the name of M---- O. M----. 2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. 3. In the absence of compelling information to the contrary, there is an insufficient basis for changing his records which existed prior to the Ventura Superior Court decree changing his name to O---- M. M---- on 9 September 2005 since he appropriately served under the name he provided upon his entry into the Army. 4. However, his name was changed prior to his discharge from the USAR. Therefore, it would be appropriate to amend Orders 06-306-00017 discharging him from the USAR on 15 November 2006 to show his name as that shown on the Ventura Superior Court decree changing his name effective 9 September 2005. 5. A copy of this decisional document which confirms the applicant's name change will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different names under which he served. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by amending Orders 06-306-00017 discharging him from the USAR on 15 November 2006 to show his name as that shown on the Ventura Superior Court Decree Changing Name. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his remaining military records to show his name as that shown on the Ventura Superior Court Decree Changing Name. ____________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) AR20120000623 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000623 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1