IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170004970 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: 29 August 2018 DOCKET NUMBER: AR20170004970 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: 29 August 2018 DOCKET NUMBER: AR20170004970 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) for the period ending 30 September 1999 to show his name as G___ O___ T___ instead of G___ G___ C___. 2. The applicant states: a. His name was not in error at the time he received his DD Form 214 for the period ending 30 September 1999. b. He changed his name after discharge. 3. The applicant provides: * DD Form 214 Worksheet * Maryland driver's license * social security card * Circuit Court for , Name Change Order, dated 6 October 2015 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 U.S. Army Reserve (USAR) on 24 March 1977 using the name . 3. On 12 April 1977, he was ordered to active duty. 4. On 8 April 1980, he was released from active duty and transferred to the USAR Control Group (Reinforcement). 5. On 31 March 1981, he enlisted in the USAR Delayed Enlistment Program using the name . 6. On 11 April 1981, he was honorably discharged from the USAR for immediate enlistment in the Regular Army. 7. On 12 April 1981, he enlisted in the Regular Army using the name . 8. On 30 September 1999, he retired. His DD Form 214 for this period shows his name as . 9. He provided copies of: a. a Circuit Court for , Name Change Order, dated 6 October 2014, in which his name was legally changed from , b. his driver's license, issued on 7 October 2015, and shows his name as , and c. his social security card, issued on 26 October 2015, and shows his name as . 10. A review of his records shows he consistently used the name throughout his military service. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Document), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. Record shows the applicant served in the Army until his retirement on 30 September 1999 using the name . 2. On 6 October 2015, he legally had his name changed to . 3. While it is understandable that he now desires to record his new name his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 4. For historical purposes, the Army has an interest in maintaining the accuracy 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 a change to those records. 5. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name he now uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004970 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2