IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100018353 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a last name of "R____."

2.  The applicant states that he joined the military under the last name of "B____"; however, it does not match the name on his birth certificate and social security card and it causes problems when seeking employment.  He goes on to state that he did not fix it sooner because he did not have to seek employment and it was not a problem then.

3.  The applicant provides a copy of his birth certificate 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 enlisted in the Regular Army in Portland, Oregon, on 7 December 1982 for a period of 4 years and training as a fuel and electrical systems repairer.  At the time of his enlistment he indicated his legal last name was "R____" and that his birth certificate and social security card reflected a last name of "R____."  He also indicated his last name had not been changed legally; however, he preferred to serve under the last name of "B____."  Accordingly, he was enlisted and served under the last name of "B____."

3.  He completed basic training at Fort Jackson, South Carolina, and advanced individual training at Aberdeen Proving Ground, Maryland, before being transferred to Germany on 28 May 1983.

4.  On 17 May 1984, he was discharged under honorable conditions.  He completed 1 year, 5 months, and 11 days of total active service and was discharged under the last name of "B____."

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that exists at the time the DD Form 214 is issued.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence of record shows the applicant's legal last name is "R____," the applicant made an election at the time of his enlistment to serve under the last name of "B____," fully knowing his legal last name was "R____."

2.  Accordingly, his records show he served under the last name of "B____" as he requested and there is no error or injustice in this record to correct.

3.  While the applicant may now have changed his mind as to what last name he desires to be known as, the Army has an interest in maintaining the integrity of its records.  The applicant served in the Army under the last name of "B____" and since he did so voluntarily.  There appears to be no basis to grant his request.

4.  However, a copy of these proceedings will be filed in the applicant's official records so as to resolve any issues that arise concerning his last name.

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy the aforementioned requirement.

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 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)                                         AR20100018353



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ABCMR Record of Proceedings (cont)                                         AR20100018353



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