IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150011238 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: 7 April 2016 DOCKET NUMBER: AR20150011238 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. IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150011238 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 last name as "R-----N" instead of "Y---G." 2. The applicant states he changed his last name back to his birth name in part to make records uniform for military and Department of Veterans Affairs usage. 3. The applicant provides two copies of his DD Form 214 for the period ending 16 August 1995 and a court order dated 7 December 2007. 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 4 December 1989. 3. Item 1 (Name) (Last, First, Middle) of his DD Form 4/1 (Enlistment/ Reenlistment Document – Armed Forces of the United States) lists his last name as "Y---G." 4. The applicant's record contains various personnel documents that show his last name as "Y---G." He authenticated many of these forms by signing that same last name. 5. The applicant was honorably discharged on 16 August 1995. Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued at the time shows his last name as "Y---G." 6. The applicant provides a court order, issued in the Chancery Court for Maury County, TN at Columbia, dated 7 December 2007, which ordered, adjudged, and decreed his last name changed from "Y---G" to "R-----N." 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. DISCUSSION: 1. The evidence of record shows that upon his enlistment in the RA on 4 December 1989, the applicant listed his last name as "Y---G." This name is consistent with the name on every document in his service records. 2. 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, his decision to change his name after he was discharged is not a sufficiently compelling reason for compromising the integrity of the Army's records. 3. 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) AR20150011238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011238 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2