IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005744
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 that his last name be changed from S_____s to S_____e.
2. He states that at the age of seven his last name was changed from S____e to S______s by his stepmother but the name change was not legal. However, he was registered in school using S_____s and eventually he became known as S_____s in all records and aspects of life. Recently, he learned his name was not legally changed and as a result, he requests that the Army change his last name so he can receive credit and acknowledgment for his time in military service.
3. He provides:
* DD form 214 (Certificate or Release or Discharge from Active Duty)
* two Social Security Cards
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 applicants 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 applicants 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 on 1 September 1981 under the name of G_____y M______l S______s and the DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) prepared upon his entry also lists his name as G_____y M______l S______s.
3. All of the official documents contained in his official military personnel file (OMPF) list his name as it is recorded on his DD Form 1966/2 (Record of Military Processing - Armed Forces of the United States) and attested to by his signature on DD Form 1966/6 as G_____y M______l S______s.
4. On 1 December 1982, he was discharged after completing 1 year, 2 months, and 29 days of active military service in the rank of private/E-1. Item 1 (Name) of the DD Form 214 lists his name as G_____y M______l S______s.
5. One social security card that he submitted shows the name S____e. However, the other social security card shows the name S_____s, which he used at the time of enlistment and in which he served on active duty.
6. 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 states, in pertinent part, that 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. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 1 (Name) state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to change his military records and his DD Form 214 to reflect his current name is understood, the available evidence shows he entered, served, and was separated from active duty under the name that is listed on his DD Form 214 and all other documents in his OMPF.
2. 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. There appears to be no compelling reason to compromise the integrity of the Armys records by changing his name at this late date.
3. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. In absence of evidence to the contrary, the preponderance of evidence in the available records supports presumption of regularity in the personnel records maintenance process.
4. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the name he used when he served on active duty and the name he currently uses.
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) AR20100022631
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ABCMR Record of Proceedings (cont) AR20110005744
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