IN THE CASE OF:	  

		BOARD DATE:	  5 NOVEMBER 2015

		DOCKET NUMBER:  AR20150004556 


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 (Certificate of Release or Discharge from Active Duty) to reflect his name as D____ M____ M____ instead of O____ R____ B____.

2.  The applicant states he legally changed his name and would like to file for veterans' benefits using a DD Form 214 showing his legally-changed name.

3.  The applicant provides:

* name change judgment
* North Dakota driver's license

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 

																				Enclosure 2
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 31 May 1973.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his name as O____ R____ B____.

3.  His records contain a DA Form 20 (Enlisted Qualification Record) and a DA Form 2-1 (Personnel Qualification Record – Part II).  Both documents show his name as O____ R____ B____.

4.  On 29 November 1973, he was discharged.  His DD Form 214 for this period shows his name as O____ R____ B____.

5.  He again enlisted in the Regular Army on 26 August 1977 and was discharged on 1 March 1984.  His DD Form 214 for this period shows his name as O____ R____ B____.

6.  All documents in his military records consistently show his name as O____ R____ B____.  The name D____ M____ M____ is not recorded on any documents in his military records.

7.  The applicant provided a name change judgment showing his name was legally changed to D____ M____ M____ on 16 June 1993.  He also provided a North Dakota driver's license showing his name as D____ M____ M____.

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  This regulation states the purpose of the separation document is 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 is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION:

1.  The applicant's request for correction of his DD Form 214 to show his name as O____ R____ B____ was carefully considered.
2.  All documents throughout his military records reflect his name as O____ R____ B____.  He did not legally change his name until 9 years after his discharge.

3.  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 current 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 which confirms his legal name change will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the last name recorded in his military record and the last name he currently uses.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                         AR20150004556



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150004556



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1