IN THE CASE OF:. 

		BOARD DATE:	10 July 2014  

		DOCKET NUMBER:  AR20130020735 


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 show his first name as Nathan and to drop "Jr." from his name.

2.  The applicant states that he wants this correction so that his military records will match his new name.

3.  The applicant provides copies of:

* DD Form 214 (Member 4 copy)
* State of North Carolina Court Order, dated 11 May 2004

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 7 January 1986, the applicant enlisted in the Regular Army using the first name of Uvil and the designation "Jr." to indicate he held the same name as his father.

3.  On 6 January 1989, the applicant was released from active duty and transferred to the South Carolina Army National Guard (SCARNG), using the same name he used while on active duty.

4.  On 21 May 1993, the applicant was separated from the SCARNG with the same name shown above.

5.  The applicant has provided a copy of a court order, dated 11 May 2004, establishing that his first name was changed to Nathan and the "Jr" was no longer a part of his name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be changed to show his new first name as Nathan and to remove "Jr." from his name.  He wants his military records to match his new court-ordered name.

2.  The applicant enlisted in the Regular Army using the same name as his father but with the "Jr." suffix.  He later enlisted in the SCARNG.

3.  Several years after his separation from the SCARNG, the applicant's name was legally changed by court order.

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

5.  Therefore, there is no basis for granting the applicant's request to change the name he legally used during his military service.

6.  The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record and satisfy his desire to have his name documented in his record.



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)                                         AR20130020735





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ABCMR Record of Proceedings (cont)                                         AR20130020735



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