BOARD DATE:  25 July 2018

		DOCKET NUMBER:  AR2017002770


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:  25 July 2018

		DOCKET NUMBER:  AR20170002770


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge), dated 24 June 1971 to change 
his first name from A---EA to A---E  .

2.  The applicant states his medical records and DD 214 are in error because his 
name was legally changed, and the error leads to confusion.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  The applicant provides a Court Order for Legal Name Change from Baltimore 
Country, Maryland, dated 27 October 2010.

2.  Evidence from the applicant’s service record and Department of the Army and 
Department of Defense records and systems:

*	DD Form 398 (Statement of Personal History), dated 20 November 1969
*	DD Form 47 (Record of Induction), dated 19 November 1969
*	DA form 873 (Certificate of Clearance and/or Security Determination), 
dated 14 September 1970 
*	DD Form 214 for the period ending on 24 June 1971
REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents) establishes the 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.  

DISCUSSION:

1.  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, and 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.  All of the documents in the applicant’s military record, from his induction into 
to the Army of the United States on 19 November 1969 to his separation on 
24 June 1971, reflect the first name ending as . 

3.  A Court Order dated 27 October 2010 ordered his first name be changed to 
.

4.  For historical purposes, 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.  

5.  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 about the difference in the SSN recorded in his military 
records and his desire to have his current SSN documented in his OMPF. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706