BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009503 


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 record be corrected to show his legal last name.

2.  The applicant states, in effect, that when he joined the Army at the age of 17, he was forced to use his stepfather's last name because he was a minor.  He now asks that his record be corrected to show his legal last name.

3.  The applicant provides a copy of his 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 Regular Army and entered active duty on 19 May 1989.  A DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing shows the name he now claims is incorrect and he authenticated this document with his signature using the name he now claims is incorrect on the date of his enlistment and entry on active duty.  A DD Form 1966 (page 6) on file, which was also completed during his enlistment processing shows, in Section VIII (Statement of Name for Official Records), the name he now indicates is correct as the name listed on his birth certificate and the name he now claims is incorrect as the name listed on his Social Security Card.  In Section VIII (Statement of Name for Official Military Records), the applicant signed a statement indicating the name he now claims is incorrect was the name he was known by in his community and the one he preferred to use as a matter of convenience.  

3.  The DA Form 2-1 (Personnel Qualification Record) prepared on the applicant upon his entry on active duty lists the name contained on his DD Form 4 and 
DD Form 1966 in item 1 (Name).  All of the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) list the same name as it is recorded on his DD Form 4, DD Form 1966, and DA Form 2-1.

4.  On 25 March 1992, the applicant was discharged from the RA, in the rank of private/E-1, after completing 2 years, 10 months, and 7 days of creditable military service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that he was issued at the time lists the last name that he now claims is incorrect in Item 1 (Name (Last, First, Middle)) and the applicant authenticated this document with his signature using the same last name that he now claims is incorrect in Item 21 (Signature of Member Being Separated).

5.  The applicant provides a copy of his birth certificate that lists the last name that he now claims to be his correct legal last name.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release 
from active duty service, or control of the active 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.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that Item 1 will contain the name taken from the Soldier’s personnel record.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record reflect his legal last name because he was forced to use his stepfather's name at the time of his enlistment was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms the applicant voluntarily chose to serve using the last name recorded in his military records as evidenced on his DD Form 4, DD Form 1966, DA Form 2-1 and on all documents on file in his OMPF.  As a result, there is an insufficient evidentiary basis to support granting the requested relief. 

3.  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, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.

4.  This Record of Proceedings, along with the 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)                                         AR20090009503



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ABCMR Record of Proceedings (cont)                                         AR20090009503


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