IN THE CASE OF:	  

		BOARD DATE:	        2 April 2009

		DOCKET NUMBER:  AR20080016817 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as "D***d B***n D***n” instead of "B***n C**z.” 

2.  The applicant states that the name "B***n C**z” was to be used only during his tenure and that he is unable to obtain a home equity loan due to the difference in names between his certificate of eligibility and military records. 

3.  The applicant provides a copy of his Social Security card; a copy of his Texas Driver License; and a copy of DA Form 1966/2 (Statement of Enlistment), dated 24 April 1984 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 records show he enlisted in the Regular Army for a period of 3 years on 15 May 1984.  Item 1 (Name) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his name as "B***n C**z.”  The applicant authenticated this form by placing his signature in item 14b (Signature of Applicant/Reenlistee) and item 17b (Signature of Delayed Entry Program (DEP) Enlistee) using his name as "B***n C**z.”

3.  The applicant provided a copy of a DA Form 1966/3 that shows his birth name was "D***d B***n D***n” but he preferred to use the name "B***n C**z” by which name he was known in his community as matter of convenience and with no criminal intent.

4.  On 5 September 1986, the applicant executed a 2-month extension in the Regular Army.  He authenticated this form by placing his signature in the appropriate block using his last name as "B***n C**z.”

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) prepared on 16 May 1984 and reviewed by the applicant on 17 February 1985 shows his last name as ""B***n C**z.”  He authenticated this form by placing his signature in the appropriate block using his name as "B***n C**z.”

6.  The applicant’s service record contains various personnel documents including a copy of his record of emergency data, permanent change of station orders, promotion orders, award orders, and various other documents that show his last name as "B***n C**z.”

7.  The applicant was honorably discharged on 15 March 1988.  The DD Form 214 he was issued shows he completed 3 years, 10 months, and 1 day of creditable active military service.  Item 1 (Name) of this form shows his name as "B***n C**z.” The applicant authenticated this form by placing his signature in item 21 (Signature of Member Being Separated) using his name as "B***n C**z.”

8.  The applicant provided copies of his Social Security card and Texas Driver License, each listing his name as "D***d B***n D***n.”  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the military personnel records jacket, the career management individual file, and Army personnel qualification records.  Chapter 2 of this regulation states 
an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

9.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show his name as "D***d B***n D***n” instead of "B***n C**z.”

2.  The evidence of record shows that upon his enlistment in the Regular Army on 15 May 1984, the applicant indicated that his birth name was "D***d B***n D***n” but he preferred to use the name "B***n C**z.”  The name "B***n C**z” is consistent with the name shown on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his name on each form was correct.  He did not use the name "D***d B***n D***n” on any official documents during his military service.

3.  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 preferred name he chose under which he served.  For historical purposes, 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 understandable the applicant desires to now record his birth name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his birth name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his birth name documented in his OMPF.

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)                                         AR20080016817



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ABCMR Record of Proceedings (cont)                                         AR20080016817



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