IN THE CASE OF:	  

		BOARD DATE:	21 September 2011

		DOCKET NUMBER:  AR20110004401 


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 all of his military records be changed to reflect his name change.

2.  He states that he would like his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 May 1996 reissued to show his name as Rxxxxx Lxx Cxxxxxxx instead of Cxxxxxxxx Fxxx Jr.  There have been several conflicts to establish his military service with the two names.  The only way to correct this is to have any and all official administrative documents reflect the name of Rxxxxx Lxx Cxxxxxxx.  He thought that using the name change court order with his DD Forms 214 would suffice for whatever purposes he needed, but he had been denied services at the Department of Veterans Affairs facilities.

3.  He provides:

* 1974 and 1976 DD Forms 214 (Report of Separation from Active Duty)
* 1996 DD Form 214
* Name Change Order

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 military records show he was inducted into the Army of United States (AUS) on 8 December 1971.  Item 1 (Lane Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows he was inducted under the name of Rxxxxx Lxx Cxxxxxxx.  

3.  He was honorably released from active duty on 1 February 1974 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 1 (Name (Last Name – First Name – Middle Name) of his DD Form 214 shows the name of Rxxxxx Lxx Cxxxxxxx.

4.  He enlisted in the Regular Army (RA) on 29 June 1974.  Item 5 (Last Name – First Name, Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted under the name of Rxxxxx Lxx Cxxxxxxx.

5.  He was discharged from active duty on 12 November 1976 under honorable conditions.  Item 1 of his DD Form 214 shows the name of Rxxxxx Lxx Cxxxxxxx.

6.  He enlisted in the USAR on 6 October 1977.  He again enlisted in the RA on 16 November 1977.  Item 1 (Name (Last, First, Middle) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he enlisted in the USAR and enlisted in the RA under the name of Cxxxxxxxx Fxxx Jr.

7.  He reenlisted in the RA on 21 May 1981 and on 11 November 1985.  Item 1 of his DD Forms 4/1 shows he reenlisted in the RA under the name of Cxxxxxxxx Fxxx Jr.

8.  He was retired on 31 May 1996.  Item 1 of his DD Form 214 shows the name of Rxxxxx Lxx Cxxxxxxx.  

9.  He provided a copy of a Name Change Order showing he petitioned the court to change his name to his birth name.  The order noted that the name on his birth certificate was Rxxxxx Lxx Cxxxxxxx, but because of the folly of youth, at age 19, 
the applicant decided to become known as Cxxxxxxxx Fxxx Jr.  The applicant desired to use his birth name on all records from that date forward.  His petition was approved on 17 June 1997.

10.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  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 evidence of record shows the applicant was inducted into the AUS on 8 December 1971 under his birth name.  He also enlisted in the RA on 29 June 1974 using the same birth name.  He was discharged on 12 November 1976 using the same name.  He was issued DD Forms 214 in 1974 and 1976 showing his birth name.  His military record for these periods of service also shows his birth name.

2.  The evidence of record also shows he enlisted in the USAR on 6 October 1977 and enlisted in the RA on 16 November 1977 under a name different from his birth name.  He was retired on 31 May 1996 and issued a DD Form 214 with this same name.  His petition to again use his birth name on all records was approved on 17 June 1997.  

3.  Therefore, he served and he was released from the Army under the name shown in his military record for those periods of service on his 1974 and 1976 DD Forms 214.  He also served and was retired under the name shown on his 1996 DD Form 214.  This is the document he is requesting to be changed along with his military record for the period of service covered by the 1996 DD Form 214.  However, his military record for the period of service from 16 November 1977 through 31 May 1996 and the 1996 DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting the requested relief for changing them.

4.  While his desire to have all of his military records reflect his birth name is understandable, there is no basis for compromising the integrity of the Army's records for his periods of service.  For historical purposes, the Army has an interest in maintaining the integrity 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.  

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)                                         AR20110004401





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ABCMR Record of Proceedings (cont)                                         AR20110004401



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