I BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007751 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: 22 May 2018 DOCKET NUMBER: AR20160007751 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 his last name be changed on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 2 May 1989 to show his legal name, changed on 29 August 1990. 2. The applicant states he has legally changed his last name from X_________ to X_____. 3. The applicant provides: * DD Form 214 * Circuit Court of County, Order, dated 29 August 1990 * Social security card 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. 1. A DD Form 1966/8 (Application for Enlistment - Armed Forces of the United States), dated 26 February 1979, shows in Section X - Statement of Name for Official Military Records the applicant's name on his birth certificate was A_____ X____ X_________. The applicant indicated he preferred to use the name X______X____ X_________. 2. On 30 December 1985, the applicant enlisted in the Army Reserve, Delayed Entry/Enlistment Program for 8 years. Item 1 (Name (Last, First, Middle)) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his name as X_________, X______ X____. On 19 November 1986, he enlisted in the Regular Army for 4 years. 3. All documents in the applicant's official military personnel file (OMPF) show his name as X_____ X____ X_________ sometimes shown as X________, X______ X____ (last name, first name, middle name). 4. On 2 May 1989, the applicant was discharged. The characterization of his discharge was upgraded to honorable on 14 January 2005. His DD Form 214 shows his name asX_________, X______ X____, 5. A court order from the Circuit Court of County, , dated 29 August 1990 ordered the applicant's name changed from X____ X____ X_________ to X______ X____ Warner. 6. The applicant's social security card shows his name as X______ X____ Warner. REFERENCES: 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 at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. ? DISCUSSION: 1. All documents in the applicant's official military personnel file (OMPF) show his name as X______ X____ X_________ sometimes shown as X_________, X______ X____ (last name, first name, middle name). This is the name he indicated he preferred to go by at the time of his enlistment. 2. The applicant obtained a legal name change after his period of service. This does not constitute an error in the Army's records nor did any injustice occur. 3. 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. While it is understandable the applicant desires to now record his legal name in military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 4. The applicant is advised that a copy of this decisional document will be filed in the applicant's OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in the applicant's military record and the name now used. BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007751 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) AR20160007751 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007751 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2