IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008547 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008547 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008547 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1962, by changing his name from what is shown on this document to the name ordered and decreed by the court. 2. The applicant states his legal name has been changed in accordance with a court action on 10 December 2014. He argues that the birthing doctor in 1934 misspelled his first name. Further, he states that his desire to eliminate his two middle names was to shorten the overall name. His passport, social security card, Medicare card, and credit cards all show his new name. He is just trying to get everyone on the same page, to include his headstone in a military cemetery. 3. The applicant provides a copy of the court decree changing his name effective 10 December 2014. 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 9 June 1956, the applicant was commissioned a second lieutenant, Corps of Engineers, U.S. Army Reserve (USAR). 3. On 1 October 1961, the applicant was ordered to active duty. He was subsequently released from active duty on 4 August 1962 and transferred back to the USAR. His DD Form 214 for this period of active duty shows his name consists of a first name, two middle names, and a last name. 4. A review of the applicant’s Official Military Personnel File (OMPF) shows that he used the same name throughout his military service and that this same name was used on his DD Form 214. 5. The court decree, dated 10 December 2014, as provided by the applicant, shows the court ordered his name to be changed by splitting his first name into two parts and deleting his two middle names. REFERENCES: Army Regulation 635-5 (Separation Documents) as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by changing his four-part name he used in the military service to the name now decreed by the court. 2. The available evidence clearly shows the applicant consistently used the same four-part name throughout his military service. He has not provided any documentary evidence showing that the military’s use of this name in his military records has, or is causing him harm. 3. 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. 4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his OMPF. 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. 5. There is no evidence showing what the Army did in the applicant’s case was in error or unjust. \\NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008547 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2