IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100007463
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 the first name listed in item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and in his military record be changed from B____ to H____.
2. The applicant states that when he obtained his citizenship, he changed his first name and he needs a copy of a DD Form 214 with his new name. He states that since he changed his name, his DD Form 214 poses a problem when applying for jobs.
3. The applicant provides a name change certificate and copy of his passport in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army on 26 October 2000. A DD Form 4 (Enlisted Contract - Armed Forces of the United States) prepared during his enlistment processing lists his first name as B____ in item 1 (Name) and he signed using this first name in item 13a (Certification and Signature).
2. All the official documents and orders contained in the applicant's official military personnel file (OMPF), to include a DD Form 4 prepared on 19 December 2002 during the applicant's reenlistment processing, list the same first name recorded on his initial DD Form 4.
3. On 30 April 2005, the applicant was honorably discharged in the rank of specialist/E-4 after completing 4 years, 6 months, and 5 days of active military service.
4. The DD Form 214 issued to the applicant upon his discharge lists the same first name in item 1 as recorded on his DD Form 4 and in all other records and documents on file in his OMPF.
5. The applicant provides copy of a name change certificate, dated 16 May 2005, which shows he changed his first name from B____ to H____. He also provides a copy of his passport listing his first name as H____.
6. 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 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. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the first name listed on his DD Form 214 should be changed to reflect the first name he changed it to upon obtaining his citizenship subsequent to leaving the Army has been carefully considered. However, the record shows he entered, served, and was separated under the first name B____ as listed on his DD Form 4 and in all records and documents in his OMPF.
2. 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. There appears to be no compelling reason to compromise the integrity of the Army's records to correct his name at this late date.
3. The applicant possesses the name change certificate that can be used in conjunction with the DD Form 214 to clarify the difference between the first name shown on his DD Form 214 and the first name he now uses.
4. In addition, 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 first 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) AR20100007463
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007463
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