BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015365 


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 to show the last name S______.

2.  The applicant states S______ is his legal birth name.  When his mother remarried, his stepfather had his name listed as D_____, but he was not legally adopted.  When he moved to Texas in 1993, the State required his legal documents to reflect his birth name because his name had not been legally changed to D_____.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Certification of Birth, driver's license, and 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.

2.  The applicant's military records are not available for the Board to review.  This case is being considered using the DD Form 214 provided by the applicant.

3.  The applicant's DD Form 214 shows he was a member of the Army National Guard (ARNG) when he was ordered to active duty for one-station unit training from 17 July to 16 October 1987.  

4.  Item 1 (Name (Last, first, middle)) of his DD Form 214 shows D_____, J______ A____.  Item 21 (Signature of Member Being Separated) shows he authenticated the form with the signature J______ A. D_____.  

5.  The Certification of Birth, driver's license, and social security card provided by the applicant show the name J______ A____ S______.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence is not sufficient to support the applicant's request to correct his record to show his last name as S______.

2.  The evidence of record shows the applicant served under the last name D_____.  The applicant used this last name in his signature on his DD Form 214.  

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.  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 record the name on his birth certificate in his 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 along with his application and the supporting evidence he provided will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the name he used during his military service and the name recorded on his Certificate of Live Birth.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x_  ____x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20100015365



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ABCMR Record of Proceedings (cont)                                         AR20100015365



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