IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010808 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 13 October 1952 instead of 13 October 1951 and he last name as "R---y" instead of "D---s."

2.  The applicant states that his real last name is "R---y" and his stepfather's last name is "D---s" but his stepfather never legally adopted him.  After many years of discord between him and his stepfather, he decided to legally change his name.

3.  The applicant provides the following documents:

* DD Form 214 for the period ending 4 March 1976
* A photograph, birth certificate, a list of personal data, State order of a name change, and an affidavit of a name change
* Copies of various identification cards, medical cards, bank card, and a vaccination card
* Copies of his passport, social security card, drivers license, certified school records, and high school diploma
* Copies of military diplomas, certificates of recognition and appreciation, military photographs
* Copy of his mother's obituary
* Various letters to and from the Department of Homeland Security and U.S. Department of State
* 
Several letters to the media, newspapers, TV stations, Member of Congress, City and State officials, lawyers, and others
* Copy of his DA Form 20 (Enlisted Qualification Record)

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.  With respect to his DOB, the applicant was issued a DD Form 215 (Correction to DD Form 214), dated 5 July 2000, that corrected his DOB to 13 October 1952.  He was provided a copy of the DD Form 215 by separate correspondence. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) on 20 January 1973 wherein he indicated his last name was "D---s."  He authenticated this form by placing his signature in the appropriate place using his last name as "D---s."

4.  He also completed a DA Form 3208 (Worksheet for National Agency Check Request) on 24 January 1973 wherein he indicated his last name was "D---s."  He also authenticated this form by placing his signature in the appropriate place using his last name as "D---s."

5.  He enlisted in the RA for a period of 3 years on 12 March 1973.  Item 1 (Name) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his last name as "D---s."  He authenticated this form and several of its allied documents by placing his signature in the appropriate blocks using this same last name.

6.  The DA Form 20 that was created at the time he entered active duty shows his last name as "D---s."  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same last name.

7.  On 14 March 1973, he completed a fingerprint card and again indicated that his last name was "D---s."

8.  On 1 July 1973, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his last name as "D---s."

9.  His records contain several personnel, finance, legal, and medical documents including a record of emergency data, a record of Servicemen’s Group Life Insurance Election, a Military Identification Card application, several records of nonjudicial punishments, assignment orders, and various other orders that show his name as "D---s."

10.  He was honorably released from active duty on 4 March 1976 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  Item 1 (Name) of the DD Form 214 he was issued shows his last name as "D---s."  He authenticated this name by placing his signature in item 29 (Signature of Member Being Separated) using this same last name.

11.  He submitted several personal and official documents, including a birth certificate, a list of personal data, State order of a name change, affidavit of a name change, copies of various identification cards, medical cards, bank card, vaccination card, copy of his passport, social security card, drivers license, certified school records, high school diploma, various letters to and from the Department of Homeland Security and U.S. Department of State, and several letters to the media, newspapers, TV stations, Member of Congress, City and State officials, lawyers, and others, that show his last name as "R---y." 

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  

	a.  Paragraph 2-2 (Source documents) states the DA Form 20 and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing the DD Form 214WS (Worksheet)  However, in preparing the DD Form 214WS, personnel officers should review all available documents such as the Military Personnel Records Jacket (MPRJ), DA Form 2143 (Military Personnel Financial Data Records, U.S. Army), DA Form 3716 (Personnel Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service.  At least 90 days prior to scheduled separation, a joint review of the above-mentioned records will be conducted.

	b.  Paragraph 2-7 (Preparation instructions) provided item-by-item instructions for the preparation of the DD Form 214.  It stated that for item 1, enter the name in order shown on the DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his name on his DD Form 214 should be corrected to show his last name is "R---y" instead of "D---s."

2.  The evidence of record shows that upon the applicant's enlistment in the RA on 12 March 1973 he listed his last name as "D---s."  This last name is consistent with the last name on the various documents in his service record throughout his entire military service.  All documents requiring his signature are signed with the last name of "D---s," indicating his name was correct.  He did not use the name of "R---y" during his military service.

3.  For historical purposes, 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.  While it is understandable the applicant desires to now record his correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF.

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)                                         AR20100010808



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ABCMR Record of Proceedings (cont)                                         AR20100010808



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