IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080016359 


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 name be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that his name as it appears on his birth certificate does not and has never matched his DD Form 214.  He would like those to match.  He states his last name P***s should appear on his DD Form 214.

3.  The applicant continues, in effect, that his original birth certificate did not support his initial enlistment and that when he joined the service his original birth certificate was B*** Q******* P***s.  Therefore his entire military record is incorrect.

4.  The applicant further states, in effect, that it became apparent to his counsel [counsel was not identified and it appears the applicant is representing himself in this matter] that this must be changed since it was from the beginning an apparent error as a teenager at the time he had no control.  He concludes by stating that identity today is paramount.

5.  In support of his request, the applicant provides a copy of his DD Form 214, a copy of his Certification of Birth issued by the State of Florida, and a copy of his Social Security Account 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 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 evidence shows the applicant enlisted in the U.S. Army Reserve on 7 December 1978.  On 17 July 1979, he enlisted in the Regular Army.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 41C (Fire Control Instrument Repairer). 

3.  The name B*** Q. O**** was entered and is shown on the DD Form 2057 (Contributory Educational Assistance Program - Statement of Understanding) the applicant completed and signed prior to his enlistment in the Army.

4.  The name O****, B*** Q****** was entered and is shown in Item 1 (Name (Last, First, Jr., Sr., etc.)) of the DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) the applicant signed on his enlistment in the U.S. Army Reserve and in the Regular Army.

5.  The name O****, B*** Q****** was entered and is shown on the DIS [Defense Investigative Service] Form 1 that was completed for the applicant after his enlistment in the Army.

6.  Item 25c (Citizenship Verification - Birth Certificate File Number) of the DD Form 1966/2 (Application for Enlistment - Armed Forces of the United States) shows the applicant's birth certificate file number was 0289.  The birth certificate was allegedly issued by Martin County, Florida.  The DD Form 1966/2 states the applicant was born in Stuart, Florida.



7.  The State File Number shown on the Certification of Birth issued by the State of Florida and provided by the applicant in support of his request has the number 
109-xxxx-xxx983.  The applicant's name on the Certification of Birth is shown as, "B*** Q****** P***s."

8.  Section VI (Parental/Guardian Consent for Enlistment) of the DD Form 1966/6 shows the applicant's mother gave her consent for the applicant's enlistment.  The applicant's mother identified herself as Mrs. L**** O****.

9.  The name O****, B*** Q****** was entered and is shown in Item 1 (Name) of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II).  The applicant signed this form on 23 July 1979.  The name he used when he signed the form is B*** Q. O****.

10.  All documents in his service personnel record shows the applicant used the name B*** Q. O**** consistently throughout his service in the Army.  In each document which required a signature, the applicant used O**** as his last name.

11.  The copy of the unsigned Social Security Account Card provided by the applicant in support of his request has the name "B*** Q****** P***s."

12.  There is no evidence in the applicant's available service personnel records to show he attempted to have his name changed while he served on active duty.

13.  The applicant was discharged under the provisions of Army Regulation 
635-200, paragraph 13-4c for unsuitability - apathy, defective attitude, under honorable conditions, in the rank and pay grade of Private (PV1)/E-1 on 10 November 1981.  On the date of his discharge, the applicant had 2 years, 3 months, and 24 days of active service.  On the date he was discharged the applicant signed his DD Form 214 in item 21 (Signature of Member being Separated), "B*** Q. O****."

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it 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.  The name to be shown on the DD Form 214 is the name the applicant used on entry in and while performing his military service.


DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted in the U.S. Army Reserve and in the Regular Army with the name B*** Q****** O****.  This is the name he used consistently throughout his active duty military service.

2.  The birth certificate provided by the applicant shows the name on file in the Office of Vital Statistics in the State of Florida is "B*** Q****** P***s."  This is also the name on file with the Social Security Administration as verified by the applicant's Social Security Account Card.

3.  There is no evidence in the applicant's available service personnel records to show he attempted to have his name changed while he served on active duty.

4.  The applicant's desire to have his Army records changed is acknowledged, but there is an insufficient basis for compromising the integrity of the Army's records.  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, and in the absence of a showing of material error or injustice, there is no basis for recommending that the records be changed.

5.  The applicant is advised that a copy of this Board action will be filed in his official military personnel records so it will be a matter of record and that those having an official need to know will be aware of the differences in his name and the name with which he served as a member of the Army.

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)                                         AR20080016359



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ABCMR Record of Proceedings (cont)                                         AR20080016359



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