IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004466 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as IAA instead of the current name of DWT. 2. The applicant states after leaving the Army he legally changed his name as a result of changing his religion. He has tried, unsuccessfully, to amend his DD Form 214. He needs this correction so that he can obtain benefits. 3. The applicant provides the following documents which show his new name: * birth certificate * Internal Revenue Service Form 1099 - Miscellaneous * Maryland 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's records show after initially being inducted into the Army of the United States he enlisted in the Regular Army on 20 February 1969. 3. He was honorably released from active duty on 10 December 1971. His DD Form 214 for this period shows he completed 2 years, 9 months, and 21 days of net active creditable service. His name is recorded as DWT. 4. A review of his available service record affirms that, throughout his military service, his name was shown as DWT. 5. The documents he provided show his current name. The applicant does not include court documents showing his name was legally changed. He does provided an amended birth certificate from the State of North Carolina that shows the Register of Deeds did amend his original birth certificate from DWT to IAA. The copy of the birth certificate is dated 5 August 2013 and signed by a government official. Both his Maryland identification card and the tax form he provided with his application show his preferred name as IAA. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It noted the importance of the information entered on the form being complete and accurate, and reflecting the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. All documents throughout his available service record reflect his name as DWT. He did not change his name until after his release from active duty. 2. For historical purposes, the Army has an interest in maintaining the integrity 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 that he now desires to 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. 3. The applicant is advised that a copy of this decisional document, which confirms his new name, will be filed in his service record. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and his current name, and to satisfy his desire to have his new name documented. 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) AR20150004466 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004466 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1