IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022369 


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 military records to show his last name as C---------- instead of N----.

2.  He states that he never officially used the last name of N---- other than his military service and he would like his military records to reflect his original last name as C----------.

3.  He provides:

* an Ohio Department of Health Certificate of Birth, registered on 26 March 1970
* an Ohio Department of Health Supplemental Report of Birth, undated
* his Ohio Driver License
* his Social Security Card
* a Department of Veterans Affairs (DVA) Identification Card

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 enlisted in the Regular Army (RA) on 30 September 1988.  On
29 September 1992, he was honorably released from active duty at the expiration of his term of service, having completed 4 years of creditable active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
 
3.  On 10 June 1993, he enlisted in the RA.  On 13 December 1995, he was discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, due to misconduct.

4.  On 22 January 1998, he enlisted in the RA.  On 3 December 1998, he was discharged from active duty under the provisions of Army Regulation 635-200, chapter 7, due to fraudulent entry.

5.  On 30 December 1999, he enlisted in the Ohio Army National Guard (OHARNG), with waiver, for a period of 1 year.  He enlisted under his birth last name of C----------.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged on 2 October 2000 under the provisions of National Guard Regulation 600-200, paragraph 8-26k, by reason of unsatisfactory participant.

6.  He provided copies of his Ohio Certificate of Birth with supplement, Ohio Driver License, Social Security Card, and DVA Identification Card that show his last name as C----------.

7.  All documents in his RA military records show his last name as N----.  His records contain a copy of a Social Security Card with the last name as N---- and a High School Diploma, dated 18 June 1988, with the same last name.  His records also contain a DD Form 1966 series (Record of Military Processing - Armed Forces of the United States) prepared prior to his 1993 and 1998 enlistments.  Section VIII (Statement of Name for Official Military Records), dated 26 May 1993 and 25 November 1997, shows the applicant acknowledged by his signature that the last name on his birth certificate was C--------- and the last 

name shown on his Social Security Card was N----.  He further stated that he had not changed his name through any court or other legal procedure; however, he preferred to use the last name of N---- by which he was known in the community as a matter of convenience and with no criminal intent.

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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states 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 applicant requests correction of his military records to show his last name as C----------.  He provided copies of his Ohio Certificate of Birth with supplement, Ohio Driver License, Social Security Card, and a DVA Identification Card with the last name as C----------.  However, the documents are insufficient evidence to show that his last name as N---- shown on his military records should be corrected or that the Army's records are indeed wrong.

2.  Records show the applicant acknowledged that his birth last name was
C----------; however, he preferred to use the last name of N---- as a matter of convenience.

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 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.

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

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)                                         AR20100022369



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ABCMR Record of Proceedings (cont)                                         AR20100022369



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