IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100011678
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 last name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the last name on his birth certificate.
2. The applicant states he was allowed to enter service using the name he used in school instead of the name on his birth certificate.
3. The applicant provides copies of his Birth Certificate, Driver's License, and Social Security Card 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 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 applicants record contains a DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing. Item 1 (Name) lists the last name he now claims is incorrect. He signed this document using the name he now claims is incorrect in three separate places.
3. The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty also lists the last name he now claims is incorrect in item 1 (Name) and the applicant signed the form using the name he now claims is incorrect in item 34 (Signature).
4. All the official documents and orders contained in the applicants official military personnel file (OMPF) list the same name as it is recorded on his DD Form 4 and on his DA Form 2-1.
5. On 25 September 1983, the applicant was honorably released from active duty (REFRAD) in the rank of specialist four/E-4, after completing 4 years of active military service. The DD Form 214 he was issued at the time lists the name as it is recorded in his DD Form 4, on his DA Form 2-1, and in all other documents on file in his OMPF in item 1 (Name). The applicant authenticated this document with his signature in item 21 (Signature of Member Being Separated) on the date of his REFRAD using the name recorded elsewhere in his record and in item 1 of the DD Form 214.
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, in pertinent part, 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. 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 request that his record and DD Form 214 should be changed to reflect the name recorded in the birth certificate has been carefully considered. However, while the validity of the name he claims is correct is not in question, the record shows he entered, served, and was separated under the name listed on his DD Form 4, DA Form 2-1, and all documents on file in his OMPF.
2. Absent any evidence to confirm the applicant attempted to change his last name while he was still serving, it is presumed he voluntarily chose to serve using the name recorded in his military records.
3. 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 Armys records to correct his name at this late date.
4. 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 last name. Filing the Boards 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) AR20100011678
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ABCMR Record of Proceedings (cont) AR20100011678
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