IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150014611 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: 16 August 2016 DOCKET NUMBER: AR20150014611 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: 16 August 2016 DOCKET NUMBER: AR20150014611 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 show his name as "T______ P____ D_______" instead of "T_____ P____ F____." He further states he has a service-connected disability evaluated at 100 percent and he would like it noted on his updated DD Form 214. 2. The applicant states, in effect, he legally changed his name on 23 October 2014, via the District Court in Clark County, Nevada. 3. The applicant provides: * Order for Change of Name * a letter * 2 pages of Eligibility Verification Data screen shots 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. Having 4 months and 7 days of prior active service, the applicant enlisted in the New Jersey Army National Guard (NJARNG) on 29 November 2001. 3. Item 1 (Name, Last - First – Middle) of the applicant's DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant's name as "F____, T_____ P____." 4. The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's name as "T_____ P____ F____." The applicant authenticated many of these forms using this name. 5. The applicant was honorably released from active duty in the rank/grade of specialist/E-4 on 22 May 2006. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 shows the applicant's name as "T_____ P____ F____." 6. The applicant provides an Order for Change of Name, dated 23 October 2014, from the District Court in Clark County, Nevada, which legally changed his name from "T_____ P____ F____" to "T______ P____ D_______." He also provides a letter from the Department of Veterans Affairs, dated 11 January 2010, which certifies the applicant is an honorably discharged veteran of the Army and has a service-connected disability evaluated at 100 percent. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. However, there is no provision in the regulation, which requires the DD Form 214 to list information pertaining to the percentage of service-connected disability awarded to a Solder subsequent to retirement, discharge, or release from active military service or control of the Army. DISCUSSION: 1. The applicant contends that his DD Form 214 should be modified to show his name as "T______ P____ D_______" instead of "T_____ P____ F____." 2. The evidence of record shows that upon his enlistment in the NJARNG on 29 November 2001, the applicant listed his name as "T_____ P____ F____." This name is consistent with the name on every document in the applicant's service records. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. 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 the applicant desires to record the name he now uses in his military records, in this case there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 4. In addition, there is no provision in the regulation which requires the DD Form 214 to list information pertaining to the percentage of service-connected disability awarded to a Solder subsequent to retirement, discharge, or release from active military service or control of the Army. 5. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the difference in the name he now uses and the name under which he served. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014611 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014611 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2