IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014077 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 November 2016 DOCKET NUMBER: AR20150014077 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014077 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 (Certificate of Release or Discharge from Active Duty) to show his first name as "Shaka" vice "Damien." 2. He does not provide an explanation for the correction. 3. He provides: * Certificate of Birth * Department of Veterans Affairs (VA) Identification Card * Delaware driver's license * Pennsylvania Department of Health letter, dated 6 August 2015 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 enlisted in the Regular Army on 26 July1990. His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his first name as "Damien" and his name appears this way consistently throughout his entire record. 3. On 14 October 1994, he was discharged under honorable conditions. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name as "Damien." His DD Form 214 credits him with completing 4 years and 16 days of active duty service. 4. His birth certificate, VA identification card, and Delaware driver's license show his first name as "Shaka." 5. On 6 August 2015, the Pennsylvania Department of Health responded to the applicant's inquiry. The Health Department reviewed the birth record in question and verified that the record was amended appropriately. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states 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. It states to enter the individual's last, first, and middle name in all capital letters. DISCUSSION: 1. The applicant's military records show he served in the Army under the first name of "Damien." There are no documents in his personnel file that show he used "Shaka" as his first name during any period of his military service. 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. While it is understandable, the applicant desires to record his new first name in his military records as it is listed on his birth certificate, 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 will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion concerning the difference in the first name recorded in his military records and to satisfy his desire to have his first name documented in his OMPF as it is listed on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014077 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014077 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2