BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150016922 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 BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150016922 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. BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150016922 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 records to show his name as "TX SXXXX" instead of "MXXXXX T. SXXXX," in order to match his current records (e.g., his government identification cards and other current documents). 2. The applicant states he had his name changed on 28 May 2013, in Travis County, TX. 3. The applicant provides his DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending 30 November 2001 and his Final Order to Change the Name of an Adult, issued in Travis County, TX, on 28 May 2013. 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 DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the Regular Army on 26 June 2001. The DD Form 4 shows his name as "MXXXXX TXXXX SXXXX." He authenticated the form with his signature. 3. The applicant was discharged from the Army on 30 November 2001. His DD Form 214 shows his name as "SXXXX, MXXXXX TXXXX." He authenticated the form with his signature. 4. The applicant's available record is void of any evidence that shows he listed his name as "TX SXXXX" during his period of active military service. 5. The applicant provides a Final Order to Change the Name of an Adult, issued in Travis County, TX, on 28 May 2013. This order shows the presiding judge granted his request for a name change from "MXXXXX T. SXXXX" to "TX SXXXX." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It 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 be complete and accurate, reflective of the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant's available record is void of any evidence that shows he listed his name as "TX SXXXX" during his period of active military service. His DD Form 214 shows his name as "SXXXX, MXXXXX TXXXX." 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. 3. Lacking convincing independent and verifiable evidence that shows the requested name was used during his period of active service, it is presumed his military service records, including the DD Form 214, were correct as prepared based on the information available at the time. 4. A copy of this Record of Proceedings will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have the name he now uses documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016922 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2