IN THE CASE OF:	

		BOARD DATE:	    1 May 2014

		DOCKET NUMBER:  AR20130015681 


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 change his name.

2.  The applicant states, "Wrong name for my head stone."

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) showing a name of Virgin James S-----, a birth certificate showing his name was James S-----, and a certificate of Retirement in the name of Virgin J. S-----.

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.  In September 1951, the applicant was inducted under the name of Virgin J 
S-----.  He completed training as an infantryman and served on active duty until August 1953 when he was honorably released ant transferred to the U.S. Army Reserve (USAR).  He enlisted in the Hawaii Army National Guard (ARNG) in January 1955.

3.  He had some breaks in service but, in 1993, the applicant retired from the Hawaiian ARNG and as a Reserve of the Army as a sergeant first class. 

4.  The records contain a church certificate showing that the applicant was baptized Virgin James S----- on 1 June 1933.  He would have been 20 days old.

5.  There is no available evidence that the applicant ever served under any name except Virgin James or Virgin J. S-----.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty, in the USAR, and in the ARNG using the name currently recorded in his military records.  It may well be that he was not aware that his baptismal name was not the same as his birth registry name.

2.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

3.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record.  This should serve to clarify any questions or confusion in regard to the difference in his current first name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.

4.  The Department of Veterans Affairs (VA) has jurisdiction over veterans' burial provisions.  The applicant may desire to take up the name issue with the VA.

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)                                         AR20130015681





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ABCMR Record of Proceedings (cont)                                         AR20130015681



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