IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100000638
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, his last name in item 1 (Name) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 1986 be changed. He also requests his religion, nationality, and race be corrected on an unspecified record/document.
2. The applicant states:
* R____ - B__ is his tribal name given at birth
* African American/Black is not a nationality or race, it is a label for slaves names/property
* His religion of Islamism is part of his heritage/culture and Protestant/Baptist is not
3. The applicant provides:
* Affidavit of Truth
* Affidavit of Title/Name
* Declaration-Proclamation
* Declaration on Moorish
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 applicants 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 applicants 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 U.S. Army Reserve (USAR) enlistment contract shows his last name as R___. He enlisted in the USAR on 25 August 1980 for a period of
6 years. He was appointed a second lieutenant in the USAR on 17 May 1982 and entered active duty on 24 June 1982. He was promoted to first lieutenant on 26 November 1983 and promoted to captain on 1 March 1986. On 11 June 1986, he was released from active duty.
3. Item 1 of the applicant's DD Form 214 for the period ending 11 June 1986 shows the last name R____.
4. On 3 September 1995, the applicant was honorably discharged from the USAR. His discharge orders show the last name R____.
5. All of the applicant's service personnel records show the last name R____.
6. The applicant's Personnel Qualification Record shows his religious denomination is Baptist Church, his ethnic group is other, and his race is black.
7. In support of his claim, the applicant provided an Affidavit of Name/Title, dated 21 March 2007, which shows his last name as R____ - B __. He provided a Declaration on Moorish which shows his nationality is Moorish American, his religion is Islamism (Moslem), and his race is Asiatic.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It 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 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.
9. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes instructions for preparing and maintaining the DA Form 2-1. In pertinent part, it states the DA Form 2-1 is the basic record for Reserve Component officers not in the Active Army strength.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. The applicant's enlistment record and service personnel records show the last name R____. It appears he appropriately served on and was released from active duty under the last name R____. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214. This Board action will be filed in the applicant's military records so a record of his current last name will be on hand.
3. The applicant's request to change his religion, nationality, and race were noted. However, he does not specify what record he wants corrected. The DA Form 2-1 was prepared and maintained for Reserve Component officers not in the Active Army strength. As the applicant no longer has a military status, it would not be appropriate to direct any changes be made to his DA Form 2-1.
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) AR20100000638
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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1
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