RECORD OF PROCEEDINGS


	IN THE CASE OF:    .


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017896 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 the name on his military service records be changed.

2.  The applicant states, in effect, that he changed his name on all of his records (i.e., United States Uniformed Services Identification (ID) Card, the Defense Eligibility Enrollment Reporting System (DEERS), and Veterans Affairs (VA) medical records) many years ago.  He also states he has twice tried to change his name on his retired pay record, but without success.

3.  In support of his application, the applicant provides the following documents.

     a.  DD Form 2 (Retired), United States Uniformed Services ID Card, that shows the applicant was issued the ID card on 18 October 2007, his name is shown as “R______, Alfred Isaiah,” his DOB as 1 December 19##, and his SSN as ##6-##-7676.

     b.  Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay, London, Kentucky, letter, dated 30 October 2007, that shows the DFAS advised the applicant he must apply to the Army Board for Correction of Military Records to change the name on his military service records.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military service records show that he enlisted in the Army National Guard (ARNG) on 1 February 1961.


3.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Item 1 (Last  Name - First Name - Middle Name) of this document shows the applicant's name is recorded as R______, Alfredo.  This document also shows his date of birth (DOB) is 1 December 19## and place of birth (POB) was Hanapepe, Kauai, Hawaii; however, it does not show the applicant's Social Security Number (SSN). This document further shows the applicant entered active duty on 17 June 1961, was honorably released from active duty on 16 December 1961, and that he authenticated the DD Form 214 with his signature on the date of his separation.

4.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 24 January 1962.  Item 1 (Last Name - First Name - Middle Name) contains the entry “R______, Alfredo.”  This document also shows, in pertinent part, the applicant’s DOB is recorded as 1 December 19## and his POB is recorded as Hanapepe, Kauai, Hawaii; however, it does not show the applicant's SSN.

5.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 2 February 1965.  Item 1 (Last Name - First Name - Middle Name) contains the entry “R______, Alfredo.”  This document also shows, in pertinent part, the applicant’s DOB is recorded as 1 December 19## and his POB is recorded as Hanapepe, Kauai, Hawaii; however, it does not show the applicant's SSN.

6.  The applicant’s military service records contain a copy of his Social Security Account Number (SSAN) Card.  This document shows the applicant’s name as Alfredo R______ and SSN as ##6-##-7676.

7.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Item 1 (Last  Name - First Name - Middle Name) of this document shows the applicant's name is recorded as “R_____, Alfredo.”  This document also shows the applicant’s DOB is 1 December 19##, his POB was Hanapepe, Kauai, Hawaii, and SSN is 
##6-##-7676.  This document further shows the applicant entered active duty on 2 February 1965, was honorably discharged on 8 February 1968, and that he authenticated the DD Form 214 with his signature on the date of his discharge.

8.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 20 May 1968.  Item 5 (Last Name - First Name - Middle Name) contains the entry “R______, Alfredo.”  This 
document also shows, in pertinent part, the applicant’s DOB is 1 December 19##, his POB was Hanapepe, Kauai, Hawaii, SSN is ##6-##-7676, and that he authenticated the DD Form 4 with his signature on the date of his reenlistment.

9.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 23 April 1971.  Item 5 (Last Name - First Name - Middle Name) contains the entry “R______, Alfredo.”  This document also shows, in pertinent part, the applicant’s DOB is 1 December 19##, his SSN is ##6-##-7676, and that he authenticated the DD Form 4 with his signature on the date of his reenlistment.

10.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 18 March 1975.  Item 5 (Last Name - First Name - Middle Name) contains the entry “R______, Alfredo.”  This document also shows, in pertinent part, the applicant’s DOB is 1 December 19##, his SSN is ##6-##-7676, and that he authenticated the DD Form 4 with his signature on the date of his reenlistment.

11.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 6 March 1978.  Item 1 (Name – Last, First, Middle, Jr. Sr., etc) contains the entry “R______, Alfredo.”  This document also shows, in pertinent part, the applicant’s DOB is 1 December 19##, his SSN is ##6-##-7676, and that he authenticated the DD Form 4 with his signature on the date of his reenlistment.

12.  The applicant’s military service records contain a DA Form 2-1 (Personnel Qualification Record).  This document shows, in pertinent part, the applicant's name is recorded as “R______, Alfredo,” his POB as Hawaii, and SSN as
##6-##-7676.  This document also shows that it was reviewed by the applicant on 23 January 1981 and that he authenticated the document with his signature.

13.  The applicant’s military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty).  Item 1 (Name - Last, First, Middle) of this document shows the applicant's name is recorded as “R______, Alfredo.” This document also shows the applicant’s DOB is 1 December 19## and his SSN is ##6-##-7676.  This document further shows the applicant entered active duty this period on 6 March 1978, was honorably discharged on 31 December 1981, and that he authenticated the DD Form 214 with his signature on the date he retired from active duty.


14.  Army Regulation 635-5 (Separation Documents) 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 and, in pertinent part, 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.

15.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in 
pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the name on his military service records should be changed because it does not correspond with the legal name that he currently uses.

2.  The evidence of record shows that the applicant enlisted in the ARNG, served on active duty, was released from active duty, and separated from the ARNG under the name of “Alfredo R______.”  The evidence of record also shows the applicant enlisted in the Regular Army on 24 January 1962 under the name of “Alfredo R______ “ and that this name is accurately, properly, and consistently recorded in his military service records.  In addition, this name corresponds with the DOB, POB, and SSN provided and affirmed by the applicant upon his initial enlistment processing, reentry on active duty, and throughout the entire period of his military service (i.e., from 1 February 1961 to 31 December 1981).

3.  The evidence of record shows that in the year 2007 the applicant was issued a United States Uniformed Services ID Card showing the name he currently uses as his legal name; “R______, Alfred Isaiah.”  Thus, the evidence provided by the applicant lends support to his claim that he is now using this as his legal name.

4.  Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records.

5.  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.  The applicant’s military service records clearly show his name is recorded as “Alfredo R______” in his military service records; the applicant’s name by birth and that which he was identified by throughout his entire period of military service.  Thus, the applicant’s name was and is accurately recorded in his military service records.  In view of the foregoing, there is no basis for granting the applicant's request to change his name in his military service records because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  Therefore, the applicant is not entitled to correction of his records.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ PHM___    JGH____   __KSJ_   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.




          ____P H.M.  __
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017896



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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