| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Margaret K. Patterson | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that his military records be changed to reflect the last name recorded on his birth certificate.
APPLICANT STATES: In effect, that the last name listed on his separation document (DD Form 214) is incorrect and should be corrected to reflect his birth last name, which is recorded on his birth certificate. In support of his application, he submits a copy of his DD Form 214, a correction to his separation document (DD Form 215), and a reproduced copy of his certificate of birth.
EVIDENCE OF RECORD: The applicant's military records show:
On 4 March 1968, he was inducted into the Army for a period of 2 years. His Official Military Personnel File (OMPF) contains a copy of his Record of Induction (DD Form 47). Item 1 (Name) of this document lists a last name that is different from the last name recorded in the birth certificate he has provided. However, the last name listed on the DA Form 47 is also the last name recorded in his personnel record.
The Personnel Qualification Record (DA Form 2-1) prepared on and authenticated by the applicant with his signature upon his entry on active duty, on 11 March 1968, contains the same last name that was listed in Item 1 of the
DD Form 47.
On 10 October 1969, the applicant was released from active duty (REFRAD), in the rank of private first class/ E-3. The DD Form 214 issued to him on this date shows that he completed a total 1 year, 7 months, and 7 days of active military service. Item 1 (Name) of this document lists the same last name that was recorded on his DD Form 47, the military record prepared on him upon his entry on active duty, and in all other documents prepared and published on him throughout his military service tenure.
Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph 2-4 contains item by item instructions for completion of the DD Form 214. It states, in pertinent part, that Item 1 will contain the name taken from the soldier’s personnel record.
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 the last name recorded in his birth certificate. 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. The Board finds no evidence that suggests that the applicant has suffered or would suffer any injury or injustice as a result of the Army maintaining its records with the last name under which he served. He was inducted, served, and was honorably separated from the Army using the last name recorded in his military records. The fact that now, more than 30 years after the fact, he wishes the last name recorded in his military records changed is not a sufficiently mitigating factor that warrants granting this requested relief.
3. 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 last name recorded in his records changed, it finds no compelling reason for compromising the integrity of the Army’s records at this late date.
4. 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 birth last name, 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 birth last name and the last name recorded in his military records. This should also satisfy his desire to have his birth last name documented in his OMPF.
5. 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
__MKP__ __CJP __ _ _HBO __ DENY APPLICATION
| CASE ID | AR2002072906 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/29 |
| 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. | 100.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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