IN THE CASE OF:	  
	
		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100023081 


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 his record be corrected to show his correct last name.

2.  The applicant states his military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should reflect his correct name.

3.  The applicant provides a copy of the following documents:

* Birth Certificate
* Social Security Administration Printout
* Social Security Card
* Veterans Universal Access Identification Card
* United States 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 record shows that he enlisted in the Regular Army and entered active duty on 15 June 1967.  A DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing shows the name he now claims is incorrect and he authenticated this document with his signature using the name he now claims is incorrect on the date of his enlistment and entry on active duty.

3.  A DD Form 1584 (National Agency Check Request) prepared on the applicant during his enlistment process list the last name he now claims is incorrect in item 1 (Last Name-First Name-Middle Name).  Item 3 (Alias(es) and All Former Name(s)) list the last name he now claims is correct and the word “ADOPTION” is recorded adjacent to his name in this entry.

4.  The DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry on active duty lists the name contained on his DD Form 4.  With the exception of the DD Form 1584, all of the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) list the same name as it is recorded on his DD Form 4 and DA Form 2-1.

5.  On 19 November 1969, the applicant was discharged from the RA after completing 2 years, 5 months, and 5 days of creditable military service.  The DD Form 214 that he was issued at the time lists the last name that he now claims is incorrect in Item 1 (Name (Last, First, Middle)) and the applicant authenticated this document with his signature using the same last name that he now claims is incorrect in Item 32 (Signature of Person Being Transferred or Discharged).

6.  The applicant provides a copy of his birth certificate, social security card, and passport that lists the last name that he now claims to be his correct last name.  The Social Security Administration letter dated 29 July 2010 and Veterans universal Access Identification Card that he provides lists the last name that he now claims is incorrect.


7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release 
from active duty service, or control of the active 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.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that Item 1 will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his last name is incorrectly documented on his DD Form 214 and in his military record.

2.  The evidence of record confirms the applicant held both the name he served under while a Soldier in the Army and the name he now claims is correct, as evidenced by the DD Form 1584 that lists both names and indicates “adoption” as the rationale for both names.  This also explains the differences in the applicant’s name on the evidence he provides.  As a result, it is concluded the applicant voluntarily chose to serve using the last name recorded in his military records as evidenced on his DD Form 4, DD Form 1584, DA Form 2-1 and on all documents on file in his OMPF.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.

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.  Absent any evidence that he has actually suffered an injustice based on the name recorded on his military records, there appears to be no compelling reason to compromise the integrity of the Army’s 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 Board’s 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)                                         AR20100023081





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ABCMR Record of Proceedings (cont)                                         AR20100023081



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