BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009891
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 DD Form 214 (Report of Separation from Active Duty) to reflect his legal name change of 28 February 2011.
2. The applicant states on 28 February 2011 he legally changed his name from "Thomas A---n W--------k" to "Thomas W----r A---n."
3. The applicant provides:
* a State of Minnesota, County of Hennepin court order awarding his name change
* his Minnesota Driver's License with his new name issued in April 2011
* his Social Security Card with his new name change issued on 7 March 2011
* a self-authored letter to the National Personnel Records Center (NPRC), dated 15 March 2011
* a letter from the NPRC, dated 11 April 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 June 1974 under his then legal name of "Thomas A---n W--------k." He completed training and he was awarded military occupational specialty 71Q (Information Specialist). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
2. A thorough review of documents contained in his official military personnel file (OMPF) and available medical records, many of which bear his signature, shows his name consistently appears as "Thomas A---n W--------k."
3. He was released from active duty on 6 June 1977. His DD Form 214 shows his name as "Thomas A---n W--------k."
4. On 28 February 2011, the Hennepin County District Court granted the applicant a legal name change to "Thomas W----r A---n."
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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's request for correction of his DD Form 214 to show his new name change was carefully considered.
2. The evidence of record shows his name consistently appeared as
"Thomas A---n W--------k" on every document in his available service personnel and medical records throughout his period of service. He did not change his name until 30 years after he separated.
3. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his current middle and last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The fact that the applicant has a court order and recently-issued driver's license and Social Security Card showing his new legal name is duly noted; however, this does not change the conditions and circumstances that existed at the time his service records were created.
5. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the middle and last name recorded in his military record and to satisfy his desire to have his current legal name documented in his OMPF.
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) AR20110009891
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