| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Mr. Raymond V. O’Connor, Jr. | Member | ||
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: In effect, that the name recorded in his military records be changed to his birth name.
APPLICANT STATES: In effect, that he would like his military records changed to reflect his birth name. He claims that when he entered the Army, he had problems. His father was an alcoholic and was abusive to his mother. Based on this, he did not want to use his father’s last name. However, he now understands that he cannot change who he is.
EVIDENCE OF RECORD: The applicant's military records show:
On 3 May 1984, he entered the Army for a period of 3 years. He successfully completed basic and advanced individual training (AIT). Upon completion of AIT, he was awarded military occupation specialty (MOS) 76W (Petroleum Supply Specialist).
During the enlistment process, the applicant completed Section X (Statement of Name for Official Military Records) of his application for enlistment (DD Form 1966/8), specifying that he preferred to use an enlistment name that differed from the name listed in his birth certificate, although his name had not been changed legally. He further indicated that it was his preference to use this name as a matter of convenience because it was the name by which he was known in the community, and that he had no criminal intent for this action. Finally, he authenticated this request with his signature in this section of his enlistment application, thereby, formally requesting this preferred name be used in his enlistment contract and in his military records.
The Personnel Qualification Record (DA Form 2-1) prepared on the applicant on 7 May 1974, contains the preferred name he requested to use and that was listed in his enlistment contract. In addition, all the orders and other official documents prepared on the applicant throughout his active duty tenure all listed the preferred name he requested be used for his military record. There is no indication that the applicant ever attempted to change the preferred name he used for military record purposes to his birth name during his active duty tenure.
The DD Form 214 issued to the applicant on 3 May 1984, the date he was separated from active duty, shows that he completed a total 1 year, 5 months, and 29 days of active military service. Item 1 (Name) of this document listed the preferred first name of the applicant, which is consistent with the name recorded in his enlistment contract, in his military records, and in all other documents published on him throughout his active duty service.
In support of his application, the applicant provided the following two forms that were prepared on him during his enlistment processing on the dates indicated: Application for Verification of Birth for Official U.S. Armed Forces Use Only (DD Form 372), dated 10 April 1984; and National Agency Check Request (DD Form 1584), dated 16 April 1984. In addition, he provides a copy of his birth certificate and his current drivers license. All these documents contain his birth 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 name recorded in his military records changed to birth name. However, there is no evidence of record or independent evidence that suggests the 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 name under which he served.
3. The applicant voluntarily elected to use the preferred name recorded in his military records upon his enlistment. He enlisted, served, and was honorably separated from the Army under the name shown in his military records. The fact that he now has personal reasons to change the name recorded in his military records to his birth name is not sufficiently mitigating to warrant changing the 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 birth 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 current name and the name recorded in his military record and satisfy his desire to have his birth name documented in his record.
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
__ JHL __ __ RVO _ __BJL __ DENY APPLICATION
| CASE ID | AR2002074118 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/20 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 2 | 100.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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