IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090015213
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:
The applicant defers to counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as "Lopez" instead of "Matos."
2. Counsel states the applicant changed his last name.
3. Counsel provides a copy of the applicant's DD Form 214, dated 10 June 2004; a copy of his petition for a name change, dated 7 December 2007; and a copy of his Driver License, issued on 8 March 2008, in support of the applicant's request.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he enlisted in the Regular Army (RA) for a period of 4 years on 23 June 1997. Item 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Document) listed his last name as "Matos." He authenticated this form by placing his signature in the appropriate blocks using his last name as "Matos."
2. The applicants DA Form 2-1 (Personnel Qualification Record) that was created upon his entrance into the Army shows his last name as "Matos." He authenticated this form by placing his signature in Item 34 (Signature) using his last name as "Matos."
3. His records contain several personnel documents including a record of emergency data, a record of servicemens group life insurance, an application for a military identification card, and various other orders, awards, certificates, and other personnel documents that show his last name as "Matos."
4. He was honorably released from active duty on 22 June 2001. Item 1 (Name) of the DD Form 214 he was issued shows his last name as "Matos."
5. He enlisted in the New York Army National Guard (NYARNG) on 9 March 2001. Item 1 of his DD Form 4 again shows his last name as "Matos."
6. On 10 February 2003, he was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq. He was honorably released from active duty to the control of his ARNG unit on 10 June 2004.
7. Item 1 of the DD Form 214 he was issued shows his last name as "Matos." He authenticated this name by placing his signature in item 21 (Signature of Member Being Separated) using his last name "Matos."
8. His counsel provides a copy of his petition for a name change, dated 7 December 2007, that shows he changed his last name to "Lopez" and a copy of a new driver license, issued on 6 March 2008, containing his new last name.
9. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In 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 soldiers 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 evidence of record shows that upon his enlistment in the RA on 23 June 1997 and in the NYARNG on 9 March 2001, he listed his last name as "Matos." This last name is consistent with the last name on several documents in his service record throughout his entire military service. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct. He did not use the last name "Lopez."
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants last name in this case.
3. A copy of this decisional document, along with his application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the different last names and adequately document his current last name in his record.
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.
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