| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Ms. Yolanda Maldonado | Member |
APPLICANT REQUESTS: In effect, that his military records be changed to reflect his current name.
APPLICANT STATES: In effect, that the name recorded in his military records be changed to his current legally changed name. In support of his application, he provides a court decree granting him a legal name change, his original birth certificate and a revised birth certificate, dated 13 November 1987, and a request for a substitute birth certificate based on adoption.
EVIDENCE OF RECORD: The applicant's military records show:
On 30 December 1969, he enlisted in the Regular Army for 3 years. He was trained and served in military occupation specialty (MOS) 94B (Cook), and the highest rank he attained while serving on active duty was specialist/E-4. On
31 October 1972, he was honorably released from active duty after completing
2 years, 8 months, and 2 days of active military service.
The name recorded on the applicant’s original birth certificate is the same one entered on his enlistment contract, the personnel records created upon his entry on active duty, and in all documents and orders published on him throughout his military service tenure. It is also consistent with the one recorded on his separation document (DD Form 214).
The applicant provided a court decree issued by the State of Alaska, dated 7 July 1987, which was subsequent to his discharge from the Army. This document ordered a legal change to his name. Based on this court decree and the legal name change, the State of Rhode Island issued a new birth certificate on the applicant, dated 13 November 1987, which records the legally changed 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 his current 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 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 enlisted, served, and was honorably separated from the Army under the name shown in his military records. The fact that his name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the last name recorded in his military records.
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 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 name and the name recorded in his military record and satisfy his desire to have his current legally changed name documented in his military records.
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
__WTM__ __CJP _ __YM __ DENY APPLICATION
| CASE ID | AR2002079249 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/01/30 |
| 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. | 100.1100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001058295C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: 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:
ARMY | BCMR | CY2002 | 2002070085C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001059039C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: 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:
ARMY | BCMR | CY2002 | 2002070029C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002072507C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In support of her application, she submits a copy of her separation document and a court decree granting her a name change. In addition, the Board finds no evidence that suggests that the name and gender recorded in the applicant’s military record exhibits a material error or injustice, or that the applicant would suffer any...
ARMY | BCMR | CY2002 | 2002072568C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: 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:
ARMY | BCMR | CY2002 | 2002075336C070403
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Thus, the Board finds no basis to grant the applicant’s request to change the military record. That all of the Department of the Army records related to this case be corrected by issuing to the applicant a Transcript of Military Records (DA Form 1596), in her new name ordered in the enclosed court decree,...
ARMY | BCMR | CY2001 | 2001061856C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: 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:
ARMY | BCMR | CY2002 | 2002072024C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002069185C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The military records and separation document confirm that the applicant’s active duty service was performed as a male.