| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Roger Able | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: In effect, that his military records be changed to reflect his current last name.
APPLICANT STATES: In effect, that it is his sincere desire that the last name recorded in his military records be changed to show his current last name, which he legally changed subsequent to his discharge in 1979. In support of his application, he provides a copy of a court decree granting a change to his last name, a copy of his social security number (SSN) identification card, and a copy of his separation document (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 29 January 1975, he entered the Army for a period of 4 years. He successfully completed basic and advanced individual training (AIT). Upon completion of AIT, he was awarded military occupation specialty (MOS)
12B (Combat Engineer).
The applicant’s record confirms that the highest rank he attained while serving on active duty was sergeant/E-5 and that on 23 January 1979, he was honorably released from active duty after completing 3 years, 11 months, and 25 days of active military service. The last name recorded in his enlistment contract, the service record created upon his enlistment, and in the records and documents prepared and published throughout his tenure on active duty, is consistent with the one recorded in the DD Form 214 issued to him on the date of his separation.
The applicant provided a court decree, issued by the Circuit Court for Baltimore, Maryland, that was published subsequent to his separation from the Army on
15 September 2000. This document ordered a change to his last name.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes and understands the applicant’s desire to have the last name recorded in his military records changed to his current last name as changed by the 15 September 2000 court decree. However, there is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibits a material error or injustice.
2. Further, the Board finds an insufficient evidentiary basis to conclude that the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the last name under which he served.
3. The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records. The fact that his last name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the last name recorded in his military records. In view of the foregoing, there is no basis for granting the applicant's request.
4. 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. While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.
5. The Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his last name change, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current last name and the last name recorded in his military record and satisfy his desire to have his legally changed name documented in his OMPF.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__LLS___ ___RA___ __TLP___ DENY APPLICATION
| CASE ID | AR2001061856 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/01/08 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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