IN THE CASE OF:
BOARD DATE: 28 APRIL 2009
DOCKET NUMBER: AR20090005477
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his name as "A----- N-----D---."
2. The applicant states, in effect, that his DD Form 214 shows his name as "H--- N----- D---" and that he has since had his name changed to "A----- N----- D---" and he desires to have his DD Form 214 corrected to show his new name.
3. The applicant provides a copy of his DD Form 214, a copy of a Court Decree changing his name, and a copy of his driver license and Social Security Card reflecting his new name.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the California Army National Guard (CAARNG) under the name of "H--- N----- D---" on 12 May 2005 for a period of 8 years, training as a light weapons infantryman, and a $10,000 enlistment bonus.
2. He completed his one-station unit training (OSUT) at Fort Benning, Georgia in August 2006 and was returned to his CAARNG unit.
3. On 3 March 2007, he was ordered to active duty in support of Operation Iraqi Freedom and served in Iraq and Kuwait from 17 June 2007 to 8 May 2008.
4. On 8 June 2008, he was honorably released from active duty (REFRAD) at Camp Shelby, Mississippi due to completion of required active service and transferred to the control of the CAARNG. He had served 1 year, 3 months, and 6 days of total active service and his DD Form 214 was issued in the name of
"H--- N----- D---."
5. On 22 July 2008, a judge of the Superior Court of California approved the applicant's petition to change his name to "A----- N----- D---."
6. The applicant was issued a Social Security card on 22 July 2008 and a driver license on 25 July 2008 in his new name.
7. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldiers personnel records that are in effect on the date of separation. That regulation also states that changes that occur subsequent to the date of separation are not authorized for entry and will not be entered on the DD Form 214 retroactively.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his name on his DD Form 214 should be changed to reflect his current legal name. However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.
2. The evidence of record shows that the applicant enlisted, served, and was REFRAD under the name of "H--- N----- D---" and it was not until after his REFRAD that he had his name legally changed.
3. Accordingly, his DD Form 214 correctly reflects his legal name as it existed on the date of his REFRAD and there is no basis to change his DD Form 214 to reflect otherwise.
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 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 legally changed name in his military records, there is no sufficiently compelling reason for compromising the integrity of the Armys 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 his legally changed name, 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 name recorded in his military record and to satisfy his desire to have his legally changed name documented in his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
________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.
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