IN THE CASE OF:	

		BOARD DATE:	17 September 2009    

		DOCKET NUMBER:  AR20090009705 


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 the first name recorded in his military records be deleted and his records corrected to show only his middle and last names.

2.  The applicant states, in effect, he obtained a court order to have his name changed from "P____ (NMN) [no middle name] W____" to "R____ W____."

3.  The applicant provides a copy of a State of North Carolina, County of Person, General Court of Justice Superior Court Division, Order and Certificate of Name Change, issued on 9 August 1974 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.  A DD Form 398 (Statement of Personal History), dated 8 September 1969, shows in item 1 (First Name - Middle Name - Maiden Name (If any) - Last Name) the applicant printed "P____ R____ W____."  Item 3 (Alias(es), Nickname(s), or Changes in Name - Other than by marriage) is blank.  The applicant placed his signature on this document certifying that the entries made by him were true, complete, and correct to the best of his knowledge and were made in good faith.

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 18 September 1969.  Item 1 (Last Name - First Name - Middle Name) shows the applicant's name is recorded as "W____, P____ R____."

4.  A DD Form 1584 (National Agency Check Request), dated 22 September 1969, completed for the purpose of an Entrance National Agency Check shows in item 1 (Last Name - First Name - Middle Name) the applicant's name is recorded as "W____, P____ R____."  Item 3 (Alias(es) And All Former Name(s)) contains the entry "None."

5.  The applicant's DD Form 214 shows he entered active duty on 18 September 1969, was honorably released from active duty on 10 September 1971, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 1 (Last Name - First Name - Middle Name) contains the entry "W____, P____ R____."

6.  In support of his application, the applicant provides a copy of a court Order and Certificate of Name Change that shows the General Court of Justice Superior Court Division, Person County, North Carolina, found that good and sufficient reason exists to have the applicant's name changed and on 9 August 1974 the court ordered his name changed from "P____ (NMN) W____" to "R____ W____."

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  It also provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  Paragraph 1-16 provides, in pertinent part, that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.  Once recorded, it will not be removed, except as provided by law or this regulation.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon was complete and accurate as of that date.

9.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214 including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for item 1 state "enter last name, first name, and full middle name or names, if any."

10.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in pertinent part, that consideration of a request for amendment would be appropriate if it can be shown the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the first name recorded in his military records should be deleted, that his records should be corrected to show only his middle and last names, and his name should be changed from "P____ R____ W____" to "R____ W____" because the court ordered and adjudged that his name be changed on 9 August 1974.

2.  When the applicant was inducted his name was recorded in his military records as "P____ R____ W____."  Records also show the applicant's name was consistently recorded in his military service records as " P____ R____ W____" and that name was used on his DD Form 214.

3.  Subsequent to the applicant's separation, a court order authorized the applicant to change his name to R____ W____.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in his military service records and on his DD Form 214.  Therefore, the applicant is not entitled to correction of his records in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  Accordingly, the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this regard, the evidence of record shows that the applicant's military service records reflect the correct name (at the time) under which military service was performed.  Therefore, in the absence of a showing of material error or injustice, the applicant's military service records should not be changed.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant's military records showing his name was changed by court order subsequent to his separation from the U.S. Army.

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)                                         AR20090009705



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ABCMR Record of Proceedings (cont)                                         AR20090009705



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