IN THE CASE OF:	

		BOARD DATE:	 21 April 2009 

		DOCKET NUMBER:  AR20080017669 


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 her last name on her discharge orders be changed to read Blak instead of Thibodeaux and that the letters NMN (no middle name) be excluded from her orders.  She also requests the street name of her address on her discharge orders be changed to read Orkney instead of Orney.

2.  The applicant states she had her last name legally changed to Blak prior to her discharge from the U.S. Army Reserve (USAR).  She also states that she does not have a middle name and the letters NMN should not appear next to her name.

3.  The applicant provides, in support of her application, copies of her discharge orders and the order granting an adult name change from the District Court of Fort Bend County, TX.

CONSIDERATION OF EVIDENCE:

1.  In Section VII - Statement of Name for Official Military Records of her DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 15 September 2003, she indicated that her last name on her birth certificate was Blak but that she preferred to use Thibodeaux as her last name (NMN was not indicated on the form).

2.  The applicant's military personnel records show she enlisted in the USAR on 20 September 2003 for a period of 8 years.  Item 1 (Name) of Section A (Enlistee/Reenlistee Identification Data) shows the applicant enlisted with the last name of Thibodeaux and that she had no middle name (NMN is not entered).

3.  On 29 March 2005, the applicant was declared an unsatisfactory participant for failure to attend any and all unit training assemblies during the period from October 2004 through March 2005 without authorized absence.  She was also declared non-recoverable during annual training muster 5 February 2005.  She was reduced to private/pay grade E-2.

4.  On 21 March 2006, the applicant legally changed her last name from Thibodeaux to Blak through the District Court of Fort Bend County, TX.  NMN was not included in the name change.

5.  On 2 October 2006, the applicant was released from U.S. Army Hospital Section and assigned to U.S. Army Hospital Expansion.  Her last name shown on the orders was Thibodeaux and NMN was included in the standard name line.

6.  Headquarters, 4005th U.S. Army Hospital Augmentation, 88, Lubbock, TX, Orders 06-300-00006, dated 27 October 2006, reduced the applicant from private first class/pay grade E-3 to private/pay grade E-2.  Her last name shown on the orders was Thibodeaux and NMN was included in the standard name line.

7.  Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, Orders 06-321-00013, dated 17 November 2006, discharged the applicant from the USAR with a general discharge under honorable conditions.  Her last name shown on the orders was Thibodeaux and NMN was included in the standard name line.  The street name in her address is shown as Orney.

8.  The applicant's permanent domestic mail address shown in the integrated Personnel Electronic Records Management System (iPERMS) shows the street name in her address as Orkney.

9.  Army Regulation 600-8-105 (Military Orders) states, in pertinent part, that a Soldier's name is entered in the standard name line of orders issued.  Examples provided do not include an entry for an individual with no middle name.  Further, the regulation does not specify that the abbreviation NMN is to be used in cases where a Soldier does not have a middle name.

10.  Table 9-9 (Procedure 9-5 change name, DOB [date of birth], SSN [social security number]) of Army Pamphlet 600-8 (Management and Administrative Procedures) provides the procedures for a Soldier to change his or her name in his or her military records.  Among the procedures listed, the name change must be legal and a DA Form 4187 (Personnel Action) must be completed requesting action be taken to change the name in the individual's military records.

DISCUSSION AND CONCLUSIONS:

1.  Although her last name as listed on her birth certificate was Blak, the applicant indicated that she preferred to use the last name of Thibodeaux at the time of her enlistment.  Any signatures that appear in her military records show she signed her last as Thibodeaux.

2.  The applicant legally changed her last name to Blak on 21 March 2006 prior to her discharge on 17 November 2006.  Two additional sets of orders for reassignment and reduction were issued subsequent to the name change and prior to her discharge orders being issued.  There is no evidence in the applicant's military records to show that she requested a name change while still in the USAR or that she notified anyone of the change to her last name.

3.  Therefore, in view of the fact that the applicant did not submit a change of last name to the USAR, there is no error to her last name on her discharge orders.

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 name under which she 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 her correct name in her military records, there 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 her application and the supporting evidence she provided which confirms her correct name, will be filed in her official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her correct name documented in her OMPF.

6.  The abbreviation NMN is sporadically shown throughout the applicant's military records, sometimes on one document and not on another.  The abbreviation simply indicates the applicant has no middle name and is not intended to be a part of her name.  However, there is no requirement in Army regulations that this abbreviation be used when identifying an individual without a middle name.  Therefore, it would be appropriate to remove the abbreviation NMN from the standard name line of the applicant's discharge orders.

7.  The applicant's last permanent address listed in iPERMS prior to her discharge shows the street name as Orkney.  Therefore, it is appropriate to correct the street name on her discharge orders to read Orkney.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, Orders 06-321-00013, dated 17 November 2006, to delete the abbreviation NMN from the standard name line and to change the street name in the applicant's address to read Orkney instead of Orney.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing her last name to Blak.



      __________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)                                         AR20080017669





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ABCMR Record of Proceedings (cont)                                         AR20080017669



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