RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 December 2007
DOCKET NUMBER: AR20070010925
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John N. Slone
Chairperson
Ms. Marla J. N. Troup
Member
Mr. Thomas M. Ray
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 correction of his military records to show his correct family name.
2. The applicant states that his family name is incorrectly entered on his military records. He states that he was raised by an individual with a family name different from his own and he used that persons family name when he entered the military. He was unaware of the difference in names until he went to enlist. He further contends that the recruiter had him sign papers enlisting him under the family name of the person who raised him.
3. The applicant provides copies of his Report of Separation from Active Duty (DD Form 214), birth certificate, social security card, state drivers license, and hospital access card.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 18 April 1972, his sole guardian signed the Consent, Declaration of Parent or Legal Guardian (DD Form 373) which showed both his birth family name and the family name of his guardian, the now contested name.
3. On 18 April 1972, the applicant signed an Applicant Statement of Name Change (DA Form 3284) wherein he stated, in effect, that he had not changed his birth family name through any court procedure and that he preferred to use the family name of his guardian as a matter of convenience, with no intent to defraud.
4. The applicant enlisted in the Regular Army on 4 May 1972 under the family name of his guardian, and not under his family birth name. He completed his initial training and was awarded a military occupational specialty of 76S2O (Automotive Repair Parts Specialist).
5. The applicant consistently used his guardians family name throughout his entire military service. Every document in his military records that required his signature reflects this same contested name and corresponding signature.
6. On 13 August 1974, the applicant was discharged with an honorable characterization of service. He had attained the rank of specialist four, pay grade E4 and had completed 2 years, 3 months, and 10 days of creditable active service. His DD Form 214 shows that he was discharged under his guardians family name and that he signed the form using this same family name.
7. The social security number used by the applicant in this application, and as shown on the social security card provided by the applicant, is the same as the number he used during his military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army under a name different from his birth name. He served and was separated with an honorable characterization of service. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change to the name for personal reasons does not warrant granting this requested relief.
2. It appears that his correct social security number was used during his period of military service and that he is still using that number.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. Therefore, there is no basis for granting the applicant's request to change the name he voluntarily used during his military service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JNS____ __MJNT_ __TMR __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
_ John N. Slone ________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20071218
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0100
2.
3.
4.
5.
6.
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