IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150010751 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: 19 April 2016 DOCKET NUMBER: AR20150010751 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: 19 April 2016 DOCKET NUMBER: AR20150010751 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 full name as "Jack Abxxxx-Joxxx" instead of "Mark Anxxxxx Joxxx." 2. The applicant states he changed his name in 2012. He was not aware that his name was not changed on his DD Form 214. He needs a DD Form 214 with a name matching his identification and social security number for college. 3. The applicant provides his DD Form 214 and an order for change of 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 enlisted in the Regular Army (RA) on 13 January 2003. His DD Form 4 (Enlistment/Reenlistment Document) and all allied documents show his full name as "Mark Anxxxxx Joxxx." He authenticated this form by placing his signature in the appropriate block(s) using this full name. 3. Multiple documents in his records show his full name as "Mark Anxxxxx Joxxx" and include the below documents. He authenticated some of these documents, as required, using the full name "Mark Anxxxxx Joxxx." * Enlisted Record Brief * Pre-separation Counseling Checklist * Record of Emergency Data * SGLV Insurance Certificate * separation orders 4. He was honorably released from active duty on 12 October 2005. Item 1 (Name – Last – First – Middle) of his DD Form 214 shows his full name as "Mark Anxxxxx Joxxx." He authenticated this form with his signature. 5. He provides a final order to change the name of an adult, issued by a District Court in Harris County, Houston, TX, on 24 January 2012 approving his name change from "Mark Anxxxxx Joxxx" to "Jack Abxxxx-Joxxx." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION: 1. The evidence of record shows upon his enlistment in the RA in January 2003, the applicant listed his full name as "Mark Anxxxxx Joxxx." This full name is consistent with the full name on several documents in his service record. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct. He did not use the requested full name during his military 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. 3. While it is understandable the applicant desires to now record his new name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 4. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's DD Form 214 was correct at the time and there is no reason to change it. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010751 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010751 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2