RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 July 2006
DOCKET NUMBER: AR20050015569
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. Allen L. Raub | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Ms. Peguine M. Taylor | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show his
naturalized name of E____ D_____ C____.
2. The applicant states, in effect, that he needs to have his Army records
corrected to match his Certificate of Naturalization and his driver’s
license.
3. The applicant provides copies of his 2 July 1991 DD Form 214
(Certificate of Release or Discharge), a 12 July 1989 Certificate of
Naturalization, and his
28 March 1995 United States Army Reserve (USAR) Honorable Discharge
Certificate and USAR Personnel Center Letter Orders D-03-530372.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 2 July 1991, the date of his release from active duty.
The application submitted in this case is dated 20 October 2005.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the USAR on 26 March 1987 under the name
D__ (three letters) S__ (three letters) C___ (four letters). He was
ordered to active duty for training (IADT) on 1 July 1987 and completed
IADT, and was released back to his USAR unit on 9 December 1987.
4. He was ordered to active duty in support of Desert Shield/Desert Storm
on 6 December 1990 and was released from active duty on 2 July 1991.
5. The applicant’s name appears in a number of different ways throughout
his Army record:
a. on a 9 December 1987 DD Form 214, D__ S__ C__;
b. on the 12 July 1989 Certificate of Naturalization, E____ (six
letters) D____ (seven letters) C___ (four letters);
c. on his 2 July 1991 DD Form 214, D__ S__ C___;
d. on the Honorable Discharge Certificate, E____ S___ C___;
e. on a DA Form 3355-1-R (USAR Promotion Worksheet, lists him a D__
S__ C___; however, it is signed as D__s___ (single name) C___;
f. on a 13 November 1993 SGLV – 8286 (Serviceman’s Group Life
Insurance Election and Certificate), E____D____ C___; and
g. on the 28 March 1995 United States (U. S.) Army Reserve Personnel
Command Letter Orders D-03-530372, E____ S___ C___.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty under the name D__ S__ C___. When he
became a naturalized citizen he elected to change his name to E____ D____
C____. This constitutes a legal change of his name in a manner similar to
the effect of a woman taking her husband’s last name at marriage.
2. The applicant served under both his birth and naturalized name and his
records are not consistent as to what name he served under at what time.
3. Therefore, the records should be corrected to show that from the date
of his enlistment until the day before his naturalization, 11 July 1989, he
served under the name D__ S__ C___. Following that date his records should
be corrected to show he served under the name E____ D____ C____.
BOARD VOTE:
__ALB___ _LMD __ __PMT __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that from the date of his
enlistment until the day before his naturalization, 11 July 1989, the
applicant served under the name D__ S__ C___. Following that date his
records should be corrected to show he served under the name E____ D____
C____.
__Allen L. Raub____
CHAIRPERSON
INDEX
|CASE ID |AR20050015569 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060725 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.010 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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