IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170004050 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: 26 September 2018 DOCKET NUMBER: AR20170004050 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: 26 September 2018 DOCKET NUMBER: AR20170004050 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 (Armed Forces of the United States Report of Transfer or Discharge to show his first name as A_____ instead of J____. 2. The applicant states when he enlisted he believed his first name was J____. It was several years later that he discovered his correct name was A_____. 3. The applicant provides copies of the following documents: * VA Form 21-527EZ (Department of Veterans Affairs (VA) Application for Pension), dated 21 December 2016 * VA Form 1010EZR (Health Benefits Renewal Form), dated 21 December 2016 * Certification of Birth, issued on 18 August 2003 * Social Security card * Medicare card * VA ID card * Pennsylvania drivers license, issued on 24 July 2015 * DD Form 214 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. All of the documents in his official record, to include his DD Form 214 show his first name as J____. 3. The applicant provided a Certification of Birth, Social Security card, Medicare card, VA ID card, and a Pennsylvania driver's license, all of which show his first name as A_____. REFERENCES: Army Regulation 635-8 (Separation Processing and Documents), prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. For block 1 (Name), compare with the original enlistment contract or appointment order and review the official record for possible name changes. DISCUSSION: 1. The applicant's military record shows the applicant used the first name J____ during the period of his military service. Additionally, he states he thought his name was J_____, and so used this name at that time. 2. The applicant provided several document's which reflect his first name as A_____. However, there is no record he used this name during his period of military service. 3. 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. 4. While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records. This Board action will be filed in his military records so a record of birth first name will be on hand. He should provide a copy of this Board action to the Department of Veterans Affairs to show that, while the Army finds no basis for changing his records, it accepts that the applicant served under first name of J____ and now utilizes his birth first name of A_____. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004050 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2