IN THE CASE OF: BOARD DATE: 24 May 2012 DOCKET NUMBER: AR20110023887 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 that he be issued a new DD Form 214 (Report of Separation from the Armed Forces of the United States) reflecting his legal name change. 2. The applicant states, in effect, that his first name was changed by court action on 5 June 1970 and he desires to have his DD Form 214 changed so as to avoid confusion when he applies for burial with military honors. 3. The applicant provides a copy of his DD Form 214, a copy of his Honorable Discharge Certificate, and a copy of his legal name change and birth certificate showing a different first name. 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant was inducted in Newark, New Jersey on 9 September 1953. At the time of his induction his first name was Pan----ne. He completed his training as a radar repairman at Fort Monmouth, New Jersey and was transferred to Germany for assignment to the 95th Anti-Aircraft Artillery Battalion. 4. After serving 1 year and 8 days in Germany he was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 10 September 1955. He had served 2 years and 2 days of active service and was transferred to the United States Army Reserve. 5. On 31 August 1961 he was honorably discharged from the United States Army Reserve. 6. On 5 June 1970 the applicant’s name was legally changed by a court on New Jersey. 7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant was inducted into the Army of the United States and served under the first name of “Pan----ne” for the entire period of his service. 2. For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record his new legal 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. 3. The applicant is advised that a copy of this decisional document will be filed in his reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his new legal name documented in his OMPF. Accordingly, there is no basis for granting the applicant’s requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 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. ABCMR Record of Proceedings (cont) AR20110023887 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110023887 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1