BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007243 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 1 May 2018 DOCKET NUMBER: AR20160007243 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 (Report of Separation from the Armed Forces of the United States) to show his full name as "XXXX X____ X____" instead of "XXXX X____-X____." 2. The applicant states, in effect, he had a legal name change in 1993, after his separation. He wants his name corrected in order to request Department of Veterans Affairs (VA) benefits, health care, and burial services. 3. The applicant provides a court order, sworn declaration, birth certificate (corrected by the District Court), and U.S. Passport. 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant’s DD Form 214 shows he was inducted into the Army of the United States and enter active duty in Fort Buchanan, Puerto Rico on 2 April 19XX. 4. He was honorably released from active duty on 10 March 19XX. Item 1 (Name (Last, First, Middle)) of his DD Form 214 for this period of service listed his full name as “X____-X____ XXXXX." He authenticated this form with his signature using this full name. 5. He provides: * a court order and sworn declaration for change of name from , approving his petition for a name change from "XXXXX X____-X____" to "XXXX____ X____" * birth certificate and U.S. Passport listing the updated name REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The evidence of record shows the applicant used the full name XXXXXX X____-X____" during his military service. This full name is consistent with the full name shown on his DD Form 214. The applicant did not use the name he now uses at any time during his military service. 2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's name in this case. 3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214 for each period of service, were correct at the time they were prepared. 4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regards to the difference in name recorded in his military record and to satisfy his desire to have his current name documented in his OMPF. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007243 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007243 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007243 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2