IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018032 


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 change of the name recorded on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states the name on his DD Form 214 is incorrect.  It shows
"D----, CHARLES LEON"; however, it should be "P---, CHARLIE."  He states that he didn't know his real name prior to 1983.

3.  The applicant provides copies of his DD Form 214 and Alabama Certificate of Live Birth.

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.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 20 March 1976, was completed by the applicant to determine his eligibility for enlistment.  It shows in:

   a.  section I (Personal Data), block 1 (Last, first, middle, Jr., Sr., etc.), the entry "D----, Charles Leon";

   b.  section III (Verification of Personal Data), block 23 (If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following:)  a.  Name as Shown on Birth Certificate, the entry "Charlie "P---."

		(1)  It also shows "I hereby state that I have not changed my name through any court procedure; and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent.  I further state that I am the same person as the one whose name is shown in block 1."

		(2)  The applicant placed his signature (i.e., "Charles L. D----") in this block.

   c.  section VI (Parental/Guardian Consent for Enlistment), block 47 (I/We certify that the applicant's birth date is:), "xx November 19xx".

		(1)  The Signature of Parent or Legal Guardian block shows the signature "Georgia Mae D----."

		(2)  The Verification of Single Signature Consent block shows the entry "Parents Divorced - Mother has legal custody."

3.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 23 March 1976.  It also shows in:

   a.  section I (Identification of Data), block 5 (Name - Last, First, Middle, Jr., Sr., etc.), the entry "D----, CHARLES" and

   b.  section VI (Confirmation of Enlistment or Reenlistment), block 22 (Signature of Enlistee), the applicant's signature (i.e., "Charles Leon D----").

4.  A DD Form 4c shows the applicant enlisted in the Regular Army and he entered active duty for a period of 3 years on 17 June 1976.  It also shows in:

   a.  item 36 (Confirmation of Enlistment) - "I, CHARLES LEON D----, do solemnly swear (or affirm)…." and in

   b.  item 37 (Signature of Enlistee) the applicant's signature (i.e., "Charles Leon D----").

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 1 (Name) - "D---- CHARLES LEON" and

   b.  item 34 (Signature) the applicant signed the document "Charles L. D----."

6.  A DA Form 873 (Certificate of Clearance and/or Security Determination) shows that "D----, Charles Leon," whose date of birth was xx November 19xx, was granted a secret clearance on 4 August 1976.

7.  The applicant's DD Form 214 shows he entered active duty on 17 June 1976, he was honorably released from active duty on 15 June 1979, and he was transferred to the USAR Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 2 years, 11 months, and
29 days of net active service this period.  It also shows in:

   a.  item 1 (Last Name - First Name - Middle Name) the entry "D----, CHARLES LEON";

   b.  item 4 (Date of Birth) - "xx  11  xx" (i.e., xx November 19xx); and

   c.  item 29 (Signature of Person Being Separated) that the applicant was unavailable to sign the document.

8.  In support of his application, the applicant provides a copy of a State of Alabama, Certificate of Live Birth, that shows "Charlie P---" was born on "November xx, 19xx."  It also shows:

   a.  the Father of Child section is blank and the Mother of Child section shows in block 12 (Full Maiden Name) the entry "Georgia Mae P---" and

   b.  the document was issued on 24 November 2008 and that the information is true and an exact copy of the original certificate.


9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 state to enter the name in all capital letters in the order shown, include abbreviation for junior, senior, second, when appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported the name "Charlie P---" was recorded on his birth certificate; however, he preferred to use the name "Charles Leon D----."  The evidence of record also shows this preferred name was consistently recorded in his official military service records, including his DD Form 214 when he was released from active duty.  Moreover, the applicant's signature on his enlistment contract and other official documents in his military service records clearly shows the applicant signed these documents with his preferred name (i.e., "Charles Leon D----").

2.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in his official military service records, including his DD Form 214.

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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct 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 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 name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100018032



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ABCMR Record of Proceedings (cont)                                         AR20100018032



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