RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		  

	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070006851 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

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, in effect, that his name be changed to reflect the name change that was approved in the District Court of Clark Country, Nevada, on 22 January 2007.  

2.  The applicant states, in effect, that he changed his name on 22 January 2007 and his records should be updated to reflect the change. 

3.  The applicant provides a copy of an Order for Change of Name, dated 22 January 2007, from the District Court of Clark Country, Nevada, a letter from the DFAS (Defense Finance and Accounting Service), and a copy of his active duty and retired identification (ID) card, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 February 1998.  He was trained as an infantryman, in military occupational specialty (MOS), 11B.  He was promoted to staff sergeant effective 1 March 2003. 

2.   The applicant was separated by reason of temporary physical disability reasons on 29 November 2006.  He was placed on the temporary disability retired list (TDRL) effective 30 November 2006, in the rank of SSG.  

3.  The military documents that are on file in the applicant’s OMPF (Official Military Personnel File) show he served and was separated from active duty under the name of B______ C_______ L____ instead of the name T_____ A______ G____.

4.  The applicant provided a copy of an Order for Change of Name, from the District Court of Clark County, Nevada, filed on 23 January 2007, which shows that his name was change from B ____ C______ L____ to T____ A____ G_____, effective 22 January 2007.  

5. The applicant provided a copy of a letter from DFAS, dated 12 July 2007, which made reference to his retired pay account, of which all or a portion had been waived in order to receive compensation from the Veterans Administration (VA).  DFAS advised him that there appeared to be a discrepancy in his name between their records and the VA's records.  His records showed his full name as "B____ C________ L____" and VA records reflected his full name as "T____ A____ G____." 

6.  DFAS stated that the continuation of this name discrepancy could result in untimely delays in the processing of future adjustments in his account.  DFAS advised the applicant as to which of the names was currently his correct legal name, why his name was changed, if it is different than their records, and which name he wishes to utilize in his official records.  If the name change was the result of marriage, divorce or a legal court hearing, he could if he so desired, request a correction of name to his official records.  He was advised that a change of name to his official records is made only after an administrative examination of the evidence and approval by the Army Board for Correction of Military Records (ABCMR).  Your change of name would be effective from the date it was approved by the ABCMR.

7.  The applicant provided a copy his active duty and retired ID card. His active duty ID Card lists his name "B___ C_________ L___" and his retired ID Card, which was issued on 16 July 2007, lists his name as "T___ A___ G ___" 

8.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 25 February 1998 under the name of B_____ C________ L_____, as opposed to T____ A___ G_____.  In reviewing the record, the applicant appropriately served on, and was separated from active duty, on 29 November 2006, and was placed on the TDRL, under the name he provided upon his entry onto active duty.  There is no evidence that he attempted to change his full legal name while he was in service.  

2.  The evidence shows that the applicant changed his full legal name from "B____ C________ L____" to T____ A____ G____" on 22 January 2007, after his separation from active duty and placement on the TDRL.  

3.  There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if his full legal name is not changed as requested by him.

4.  It is noted that the DFAS made reference to the discrepancy in the applicant's pay account and he was informed to take appropriate action and to apply to the ABCMR for relief.  

5.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.

6.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should 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, the Board is reluctant to recommend that those records be changed.

7.  This Board action will be filed in his military records, so a record of the name annotated on the Order for Change of Name from the state of Nevada will be on hand.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_SAP____  __EM___  __QS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




_____Susan A. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070006851
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071004
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20061130  TTDRL
DISCHARGE AUTHORITY
AR 635-40///TDRL
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.