IN THE CASE OF:	  

	BOARD DATE:	  11 September 2008 

	DOCKET NUMBER:  AR20080003624 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Report of Separation from Active Duty (DD Form 214) to show his correct family name. 

2.  The applicant states that his name was corrected in his records before he was discharged 

3.  The applicant provides a copy of his DD Form 214, social security card, and birth certificate. 

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.  On 26 August 1968, the applicant completed and signed a DA Form 3284 (Applicant’s Statement of Name Change) stating that he preferred to use the family name of Q _ _ _ _.  This form was also signed by his step-father, his mother, and by the recruiting representative. 

3.  On 5 September 1968, the applicant enlisted in the Regular Army under the family name of Q _ _ _ _.  He completed his initial training and served on active duty both in the United States and overseas.  He used this same family name during his entire period of active duty.  There is no evidence of record showing that he requested to change his family name while on active duty.

4.  On 25 February 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 
2 years, 5 months, and 21 days of creditable active duty.  His characterization of service was under honorable conditions.  The applicant signed the DD Form using the family name of Q _ _ _ _.

5.  On 1 June 1977, the applicant’s discharge was reviewed in accordance with the Department of Defense Special Discharge Review Program. His characterization of service was upgraded to honorable and a new DD Form 214 was issued.  The applicant was not available to sign this DD Form 214 at the time it was issued.

6.  Copy Number 2 of the reissued DD Form 214, as provided by the applicant, shows the applicant’s family name as Q _ _ _ _.  However, another copy of this reissued DD Form 214, also provided by the applicant, shows his family name as J _ _ _ _.  There is no explanation for the difference in names.

7.  The applicant provides a copy of his birth certificate, as issued on 11 April 1995, 24 years after his release from active duty.  It shows his family name 
as J _ _ _ _.

8.  The applicant’s social security card, date issued unavailable, shows his family name as J _ _ _ _.







DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Army of the United States and was honorably separated using the name currently recorded in his military records.  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 is not a sufficiently mitigating factor that warrants granting this requested relief.

2.  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. 

3.  The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current name will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.  

4.  In view of the above, the applicant’s request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X____  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.





__________ _X    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080003624



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