IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100021016
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to separate his last name into two names, the first part "C____" to be listed as his last name and the second part "B____" to be listed as his middle name.
2. The applicant states his last name is incorrect on his DD Form 214.
3. The applicant provides his:
* North Carolina driver's license
* social security card
* U.S. Passport
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 applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 5 March 2002. Item 1 (Name (Last, First, Middle)) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) recorded the names "C____" and "B____" with a hyphen in between as his last name with no middle name. The applicant authenticated this form by placing his signature in the appropriate blocks using this last name without a hyphen.
3. His Enlisted Record Brief (ERB) which was created upon his entry on active duty recorded his last name as "C____B____" without a hyphen; it did not record a middle name.
4. On 29 October 2004, he executed an 11-month extension in the RA. The "Name (Last, First, Middle)" block of his DA Form 1695 (Oath of Extension of Enlistment) recorded his name as shown on his ERB.
5. His records contain several personnel documents including awards orders, a Servicemen's Group Life Insurance Election and Certificate, separation orders, and various other orders that show his last name as " C____B____."
6. He was honorably released from active duty on 30 April 2006 by reason of completion of his required service. Item 1 of the DD Form 214 he was issued shows his last name as ""C____B____." He authenticated this DD Form 214 by placing his signature in item 21 (Signature of Member Being Separated) using the last name "C_____."
7. He provides copies of his driver's license, social security card, and U.S. Passport that show his middle name as "B____" and his last name as "C____."
8. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his enlistment in the RA on 5 March 2002 the applicant listed his last name as "C____-B____." He did not use a middle name during his military service. This last name is consistent with the last name on several documents in his service record.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's last name in this case.
3. Nevertheless, a copy of this decisional document along with the application and supporting documents will be filed in his official military personnel file in order to provide clarity and to deal with any confusion that might arise regarding the different last name he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the spelling of the last 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 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) AR20100021016
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021016
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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