IN THE CASE OF:	  

		BOARD DATE:	        05 FEBRUARY 2009

		DOCKET NUMBER:  AR20080009554 


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, in effect, that his military records be corrected to show that his last name is Carter instead of Jones.

2.  The applicant essentially states that his military records are in error because there was no requirement to verify his legal name, and that he was not asked for any supporting documents.  

3.  The applicant provides copies of his birth certificate and DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.

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 records show that he enlisted in the Regular Army on 13 March 1979.  His initial enlistment contract shows that he enlisted under the last name of Jones, and that he authenticated this contract with his signature which contained the last name Jones.  His enlistment contract also revealed that his father's last name was Carter, and that his mother's last name was Jones.  His enlistment contract further revealed that six of his seven brothers and sisters also had the last name Jones.  All of the documents in the applicant's military records bear the last name of Jones, and all documents signed by him contained the last name of Jones.  The applicant was discharged on 16 January 1985.

3.  The applicant provided a copy of his birth certificate which shows that his last name is Carter.  This document was reissued on 6 June 1996.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that Item 1 will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that his last name is Carter instead of Jones.

2.  It is understandable that the applicant desires to have the last name recorded in his military records changed to what he now claims is his correct birth name.  However, there is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibits a material error or injustice.

3.  The evidence of record clearly shows that the applicant enlisted and served under the last name Jones.  The fact that he now, more than 23 years after his discharge, requests that the last name recorded in his military records be changed from Jones to Carter is not a sufficiently mitigating factor that warrants granting this requested relief.

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the last name under which he served.  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.  While it is clear that the applicant now wishes to record what he now claims is his correct birth last name in his military records, this is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms that his current birth last name is Carter, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military records and to satisfy his desire to have what he claims is his correct birth name documented in his OMPF. 

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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.




      _______ _XXX   _______   ___
               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)                                         AR20080009554



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ABCMR Record of Proceedings (cont)                                         AR20080009554



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