IN THE CASE OF:	  

		BOARD DATE:  29 August 2013

		DOCKET NUMBER:  AR20130002238 


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 records to show his name as "G----I D--a" vice "K----a R---e D--a."

2.  The applicant states he legally changed his name on 7 August 2012.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 June 2009
* Court Order on Petition for Change of Name, dated 7 August 2012
* Indiana Operator License issued on 9 August 2012
* Department of Veterans Affairs (VA) Identification Card

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 enlisted in the Regular Army on 23 June 2005 as a female and he held military occupational specialty 92A (Automated Logistical Specialist).  

3.  All of the documents contained in his military record list his name as
"K----a R----e D--a."  Additionally, the following documents contain his official or digital signature wherein he signed his name as either "K----a R---e D--a,"
"K----a R. D--a," or "K-----a D--a."

* DD Form 2366 (Montgomery GI Bill Act of 1984 - Basic Enrollment)
* SGLV Form 8286 (Servicemembers' Group Life Insurance Election and Certificate)
* DD Form 93 (Record of Emergency Data)

4.  His Enlisted Record Brief and separation orders show his name as
"K----a R---e D--a."

5.  He was honorably released from active duty on 4 June 2009.  The DD Form 214 he was issued at the time shows his name as "K----a R---e D--a."

6.  He provided a court order, dated 7 August 2012, that changed his name from "K----a R---e D--a" to "G----I D—a."  He also provided his Indiana Operator License and VA Identification Card that list his name as "G----i D--a."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the name "K----a R---e D--a" during his military service.  Additionally, all of his military documents show his name as " K----a R---e D--a."  On 4 June 2009, he was honorably released from active duty as "K----a R---e D--a" and this name is listed on his DD Form 214.

2.  He never used the name "G----I D--a" during his period of military service because his name was not legally changed to "G----I D--a" until 7 August 2012, more than 3 years after his release from active duty service.

3.  For historical purposes, the Army has an interest in maintaining the accuracy 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 changed name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  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 changed name documented in his AMHRR.

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)                                         AR20130002238



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ABCMR Record of Proceedings (cont)                                         AR20130002238



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