| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his Report of Transfer or Discharge, DD Form 214, for the period ending 10 June 1976 and his DD Form 214 for the period ending 31 August 1990 be consolidated, if possible, and be corrected to show his legally-changed name.
APPLICANT STATES: That his DD Forms 214 bear a name that is no longer his. No other civilian or military records or documents bear this name.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard on 1 July 1975 under the name Felix D___. N___.
The applicant was ordered to initial active duty for training on 8 February 1976 and released from active duty on 10 June 1976. His DD Form 214 for this period shows his name as Felix D___. N___.
The applicant was ordered to active duty for special work on 23 April 1990 and released from active duty on 31 August 1990. His DD Form 214 for this period shows his name as Felix D___. N___.
On 7 November 1994, the Circuit Court of Fairfax County, VA legally changed the applicant's name to Danny N___.
On 17 December 1994, the applicant requested a change of name on all his military records. All documents in the applicant's records prior to this date show his name as Felix D___. N___; all documents subsequent to this date show his name as Danny N___.
Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
2. At the time the applicant separated from active duty, both on 10 June 1976 and on 31 August 1990, his legal name was Felix D___. N___. Therefore, his two DD Forms 214 properly reflect his legal name at the time he was released from active duty. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.
3. A record of the applicant's request for name change is already filed in his military records. This Board action will also be filed in his military records.
4. Because the DD Form 214 is meant to be a synopsis of a soldier's most recent period of continuous active duty, the applicant's two DD Forms 214 cannot be consolidated.
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
__LLS__ __BJE___ __WDP__ DENY APPLICATION
| CASE ID | AR2002078027 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/12/17 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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