IN THE CASE OF:	  

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130012454 


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 change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as "N--- R----."

2.  The applicant states he legally changed his name on 10 December 2013.

3.  The applicant provides his DD Form 214, his military identification card, a court order, and a utility bill.

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 10 May 2007.  He was released from active duty on 10 February 2011.

3.  Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued at the time shows the entry "S---, N---- N-------."

4.  He provided his court order from the Court of Common Pleas of Cumberland County, Pennsylvania, dated 10 December 2012.  This court order changed the applicant's name to N--- R----.  In addition, he provided his military identification card that lists this same name.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 shows his name as
"N--- R----."

2.  The fact that he legally changed his name on 10 December 2012 is noted; however, this does not change the conditions and circumstances that existed at the time his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, was created.

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 new 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.  A copy of this decisional document will be filed in his military records to clarify the difference between the name used in his military records and the name he currently uses.



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)                                         AR20130012454





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1