IN THE CASE OF:	  

		BOARD DATE:	  5 February 2009

		DOCKET NUMBER:  AR20080016559 


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 records be corrected to reflect his correct last name.

2.  The applicant states, in effect, he entered the Army National Guard (ARNG) using the last name of his step-father and that years later he began using the last name of his biological father, and he would like his records corrected to reflect his correct last name.

3.  The applicant provides his Enlistment Record – Armed Forces of the United States (DD Form 4), Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), National Guard Bureau Report of Separation and Record of Service in the ARNG of California Honorable Discharge (NGB Form 22), Honorable Discharge certificate, and birth certificate in support of his 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 record shows that he enlisted in the ARNG for a period of 6 years on 31 July 1967.  The DD Form 4 prepared for his enlistment lists the last name he now claims was not correct, and he authenticated this document with his signature using the last name he would now like changed.

3.  The Enlisted Qualification Record (DA Form 20) prepared on the applicant upon his entry in the ARNG on 31 July 1967 lists the last name contained on his enlistment contract in item 1 (Name).  Item 1 also includes both his service number and Social Security Account Number (SSAN).  The applicant authenticated this record with his signature in item 47 (Signature of Individual) using the same last name listed in item 1 and on his DD Form 4.

4.  All the official documents and orders contained in the applicant’s Official Military Personnel File show his last name as recorded on his enlistment contract and on his DA Form 20.

5.  The applicant's record also contains a DD Form 214 that documents his initial active duty for training period of 4 months and 29 days he completed between 10 November 1967 and 8 April 1968.  The last name entered in item 1 (Last Name, First Name, Middle Name) of the DD Form 214 is the same as the one listed in his enlistment contract and DA Form 20, and the applicant authenticated this document in Item 32 (Signature of Person Being Transferred or Discharged) using the same last name listed in item 1.

6.  The applicant's record also contains an NGB Form 22 that was issued to him upon his honorable discharge from the ARNG on 1 July 1970.  The last name entered in item 1 (Last, First, Middle Initial) is the same as the one contained on his enlistment contract and DA Form 20.  His record gives no indication that he ever attempted to correct or change his last name while serving on active duty.

7.  Army Regulation 635-5 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.  In pertinent part, it states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records and discharge certificate be changed to reflect his correct last name was carefully considered.  However, while the validity of the name he claims is correct is not in question, the record shows he entered, served, and was separated under the last name listed on his enlistment record, DA Form 20, and all documents on file in his record.  Absent any evidence to confirm he attempted to correct or change his last name while he was still serving, it is presumed he voluntarily chose to serve using the last name recorded in his military records.

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.  Absent any evidence that he has actually suffered an injustice based on the name recorded on his military records and on the specific document in question, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.  

3.  This Record of Proceedings, along with the applicant's application and supporting documents will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his last name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which he served.

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)                                         AR20080016559



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ABCMR Record of Proceedings (cont)                                         AR20080016559



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