BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100029782
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 service records and Defense Finance and Accounting Service (DFAS) Retiree records to change his name to B - - - - - E - - - M - - - - - Jr instead of S - - - - - - F - - - - - - - - M - - - - - - -.
2. He states, in effect, that he enlisted in the Army in September 1987 under his birth name of B - - - - - E - - - M - - - - - Jr. In October 1997, he legally changed his name to S - - - - - - F - - - - - - - - M - - - - - - -. He retired in December 1999 by reason of permanent physical disability. He divorced his first wife in 2000, and remarried in 2003. His second marriage was annulled in 2007 and in 2009, he remarried a third time. In November 2009, he legally changed his name back to his birth name, B - - - - - E - - - M - - - -- Jr.
3. He states that he has sent a copy of his certified court order name change back to his birth name making null and void the name change that took place while he was in the Army in 1997. He states he has updated his drivers license, DEERS, and Department of Veterans Affairs (DVA) pay, but the Army is the last to update his military service records to include his dependents.
4. He provides:
* a DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a State of Georgia Certificate of Live Birth
* an Order for Change of Name from the Superior Court, Cumberland County, North Carolina, dated 24 September 1997
* a State of North Carolina, County of Cumberland, Judgment of Absolute Divorce
* a Social Security Administration Benefits document, dated 8 April 2010
* a DVA Form 21-686c (Declaration of Status of Dependents), dated 7 April 2010
* a California Driver License
* a United States Uniformed Services Identification Card
* a DVA Identification Card
* a Disabled American Veterans Identification Card
* a Veterans of Foreign Wars of the United States Life Member Card
* a TRICARE Prime Identification Card
* a MEDICARE Health Insurance Card
* two Superior Court of California, County of Merced, Name Change Decrees
* a Superior Court of California , County of Merced, Divorce Decree
* a State of California Certificate of Live Birth
* a State of California License and Certificate of Marriage
* a DFAS Retiree Account Statement
CONSIDERATION OF EVIDENCE:
1. The applicant requested correction of his DFAS Retiree records to change his name to B - - - - - E - - - M - - - - - Jr instead of S - - - - - - F - - - - - - - - M - - - - - - to include updating his dependent's information. Paragraph 2-5, Section II, Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available. The applicant is advised to forward his request for correction of his DFAS Retiree records to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Drive, Fort Knox, KY 40122. He can submit his request in letter format or on a Standard Form 180 (which is available for download at the website https://www.hrc.army.mil/site/Reserve/soldierservices/veteran/vetrecordcorrections.htm with supporting documents (i.e. divorce decree, court order, birth certificate). At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request. All requests must be signed and dated. Therefore, this portion of his request will not be discussed further in these proceedings.
2. The applicant had prior service in the Army National Guard (ARNG). He enlisted in the Regular Army (RA) on 29 September 1987 under his birth name of B - - - - - E - - - M - - - - - Jr.
3. By memorandum, dated 17 October 1997, from the Commander, 18th Personnel Services Battalion, Fort Bragg, NC, his request was approved, changing his name on his military records from B - - - - - E - - - M - - - - - Jr to S - - - - - - F - - - - - - - - M - - - - - -.
4. The majority of documents in his RA military records show his name as
B - - - - - E - - - M - - - - - Jr.
5. On 5 December 1997, he was honorably retired by reason of permanent disability. His DD Form 214 shows his name as S - - - - - - F - - - - - - - -
M - - - - - -.
6. He provided copies of his State order for change of name, amended State of California Certificate of Live Birth, State of California Driver License, Social Security Benefit document, and various other documentation that indicate his name has been changed back to B - - - - - E - - - M - - - - - Jr.
7. 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 Soldiers 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 service records to change his name to B - - - - - E - - - M - - - - - Jr instead of S - - - - - - F - - - - - - - -
M - - - - - - -. He provided copies of his State order for name change, amended State of California Certificate of Live Birth, State of California Driver License, Social Security Benefit document, and various other documentation with his name change. However, the documents are insufficient evidence to show that his name of S - - - - - - F - - - - - - - - M - - - - - - - as shown on his military records and DD Form 214 should be corrected, and he has not shown that the Army's records are indeed wrong.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable that he desires to now record his correct name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. He is advised that a copy of this decisional document along with his application and the supporting documents she provided will be filed in his records. This should serve to clarify any questions or confusion with regard to the difference in the name recorded in his available military records and satisfy his desire to have his correct first and middle name documented in his military records.
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) AR20100029782
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ABCMR Record of Proceedings (cont) AR20100029782
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