IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110005294
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 name be changed from Ir---- G------ Rocca to Ik- (NMN) Rocca on his DD Form 214 (Report of Separation from Active Duty).
2. He states he has a court order for the legal name change.
3. He provides a copy of his "Order for Change of Name" document, dated
4 February 2011.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he enlisted in the Regular Army on
12 November 1973. He served 3 years and he was honorably released from active duty (REFRAD) on 11 November 1976.
2. A review of his records shows his name consistently appeared as Ir---- G------ Rocca throughout his period of service. Accordingly, item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his name as Ir---- G------ Rocca.
3. He provided a copy of his "Order for Change of Name" document issued by the Commonwealth of Virginia. The court verifies his name was legally changed from Ir---- G------ Rocca to Ik- (NMI) Rocca on 4 February 2011.
4. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge. It states for item 1, enter the last, first, and middle name in all capitals, include SR, JR or II, if appropriate.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that at the time the applicant was separated from the Army on 11 November 1976, his name was Ir---- G------ Rocca. His name change did not occur until 4 February 2011, over 30 years after he was honorably REFRAD and issued his DD Form 214. As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge. Therefore, the applicant's name as it was at the time is correct as constituted on his
DD Form 214.
2. 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. While it is understandable that the applicant desires to have his name changed on his military 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 decision document along with his application and the supporting evidence he provided, which confirms his legal name change, will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to his name recorded 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) AR20110005294
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ABCMR Record of Proceedings (cont) AR20110005294
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