IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018975 


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, correction of his record to show his last name as D**** instead of M*******.

2.  The applicant states:

* His correct last name is D****
* Islam is not his religion, it’s his mother’s religion
* He is currently using the last name D****
* He does not have a religion
* The record is in error because he was coerced by his mother to take on the last name of M*******
* The last name shown on his Birth Certificate and his Social Security Card is D****

3.  The applicant provides copies of the following:

* Identification cards
* Social Security Cards
* Certification of 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.  The DD Form 398-2 (Department of Defense Personnel Security Questionnaire) completed on the applicant dated 10 October 1989 shows his last name as D**** and the last name of M******* as an alias.  He signed the DD Form 398-2 using M******* as his last name.

3.  The DD Form 369 (Police Record Check) completed on him dated 10 October 1989 shows his last name as D****.  He signed this form using D**** as his last name.

4.  The applicant’s Record of Military Processing – Armed Forces of the United States shows that the last name of D**** is shown on his Birth Certificate and the last name of M******* is shown on his Social Security Card.  He acknowledged that he had not changed is name through any court or other legal procedure and that he preferred to use the last name of M******* by which he was known in the community as a matter of convenience and with no criminal intent.  He signed this document using the last name of M*******.

5.  On 24 October 1989, the applicant enlisted in the Illinois Army National Guard (ILARNG).  His enlistment contract shows his last name as M******* and he signed his contract using the last name of M*******.  The same last name appears on every document signed by him throughout his service in the ILARNG.

6.  After completing 1 year, 2 months, and 11 days of service, the applicant was discharged from the ILARNG and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The last name shown on his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) is M*******.

7.  On 28 October 1997, USAR Personnel Center Orders D-10-780800 were published discharging the applicant from the USA.  The orders show his last name as M*******.

8.  The applicant provides copies of two Social Security Cards.  One card shows his last name as M******* and the other card shows his last name as D****.  He also provides copies of two Identification Cards.  One card shows his last name as M******* and the other card shows his last time as D****.  He submits a copy of his Certification of Birth showing his last name as D****.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and the documentation he submitted has been considered.  However, the information contained in his official records must reflect the conditions and circumstances that existed at the time the records were created.

2.  In this regard, the applicant elected to serve in the ILARNG under the last name of M******* at the time that his records were created.  There is no indication in his records showing he attempted to have his records corrected to reflect the last name of D**** prior to his discharge.

3.  Notwithstanding the copies of the Social Security Cards, Identification Cards, and the Certification of Birth, the Army has an interest in maintaining the accuracy of its records for historical purposes.  A name change that is requested after completion of military service is generally not a basis for changing official military records.  Nevertheless, his application and supporting documents will be filed in his official record for future reference.

4.  He has not shown error or injustice in the conditions and circumstances that existed at the time his records were created.  In view of the foregoing, the applicant’s request should be denied. 




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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018975



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