IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110019994 


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 records to show his last name as
"M------d" instead of "B---n."

2.  The applicant states he changed his last name in 1991. 

3.  The applicant provides:

* a self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* Permanent Orders 126-3
* a letter from the Social Security Administration
* Franklin County Probate Court Name Change document

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 enlisted in the Regular Army on 2 October 1989.  Item 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) for his initial enlistment lists his last name as "B---n."  The applicant authenticated this form by placing his signature in the appropriate blocks using his last name as "B---n."

3.  His record contains several official personnel, legal, medical, financial, and other documents including records of emergency data, insurance certificates, promotion orders, and various other orders that show his last name as "B---n.” 

4.  On 24 August 1993, he was honorably released from active duty in the rank/grade of specialist/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 3 years, 10 months, and 23 days of active service.  Item 1 (Name) of the DD Form 214 he was issued at the time shows his last name as "B---n."  He was not available to authenticate this form by placing his signature in item 21 (Signature of Member Being Separated).

5.  There is no evidence of record and the applicant did not provide any evidence which shows he submitted a request to change his last name on his official military records or that if he submitted a request, such request was approved.

6.  The applicant provides a Journal Entry - Change of Name document, issued by the State of Ohio, Franklin County, OH, which ordered his name be changed to "K---n J---l S-----z M------d.”  The form appears to have been altered by placing the date “Oct 2, 1991” beneath the ordered name change.  In addition, the date the Ex-Officio Clerk of the Probate Court of Franklin County filing date appears to have been altered.

7.  An analyst for the Board was able to cross-reference the applicant’s case number from the document he provided with the Franklin County Probate Court website.  The analyst was able to ascertain the applicant’s case to change his name was opened by the Franklin County Probate Court on 11 September 1997 and closed on 23 October 1997.

8.  Army Regulation 635-5 (Personnel Separations) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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 that upon the applicant's enlistment in the Regular Army in October 1989, he listed his last name as "B---n."  This last name is consistent with the last name on all documents in his service record throughout his entire military service.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct.  Although his last name was officially changed at his request by a court-ordered decree on 23 October 1997, he did not use his official new last name at any time during his military service through his separation from active duty on 24 August 1993.  In addition, there is also no evidence in his official records nor did the applicant provide any evidence that he ever submitted a request for a name change through proper military channels at any time.  Therefore, there is no basis for granting his request.

2.  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 correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  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 last name recorded in his military record and to satisfy his desire to have his requested last 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)                                         AR20110019994



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019994



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1