IN THE CASE OF:	  

		BOARD DATE:  8 May 2012

		DOCKET NUMBER:  AR20110021306 


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 her first name "S----ta" to "S----ke" on all of her military documents, including her DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 256A (Honorable Discharge Certificate), DARP Form 249-2-E (Chronological Statement of Retirement Points), and Department of Veterans Affairs (VA) Certificate of Eligibility for Loan Guaranty Benefits.

2.  The applicant states:

* when she entered the military, her first name was misspelled on her birth certificate
* her first name was spelled correctly on her Social Security card; however, she had to enter the military with her name spelled as S----ta D--------e
M---e
* she had her first name changed on her birth certificate during her time in the service, but her military records were not changed
* the spelling of her name has to match all documents in order to purchase a home using her VA benefits

3.  The applicant provides:

* amended Birth Certificate, dated 20 February 2001
* U.S. Passport identification page issued on 11 April 2008
* Driver License issued on 24 April 2009


* Social Security card
* DD Form 214
* DARP Form 249-2-E, dated 8 September 1995
* Orders Number 96-0240-014, issued by Headquarters, U.S. Army Reserve Command, Atlanta, GA, dated 27 August 1996
* VA Certificate of Eligibility for Loan Guaranty Benefits, dated
27 September 2011

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 requested a name correction to her VA Certificate of Eligibility for Loan Guaranty Benefits.  This document is not within the purview of the ABCMR, as such the applicant is advised to seek assistance for this issue through the VA.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 27 July 1988 under the first name of "S----ta."  She completed training and she was awarded military occupational specialty 71L (Administrative Specialist).  The highest rank/grade she attained while serving on active duty was private (PV2)/E-2.

4.  A review of the applicant's record shows her first name appears as "S----ta" on all documents and this was the first name used throughout her of service.  The name "S----ke" does not appear on any documents in her Official Military Personnel File (OMPF).

5.  On 28 October 1989, she was released from initial active duty for training.  Her DD Form 214 shows her first name as "S----ta."  She completed 3 months and 24 days of creditable active service.

6.  The applicant's DARP Form 249-2-E, dated 8 September 1995, shows her first name as "S----ta."

7.  Orders Number 96-0240-014, dated 27 August 1996, discharged the applicant from the USAR effective the same date and directed the issuance of a DD Form 256A.  Her first name appears as "S----ta" on these orders.

8.  The applicant provides a copy of her amended Birth Certificate, dated
20 February 2001.  This certificate shows her first name as "S----ke."

9.  The applicant also provides a copy of her U.S. Passport identification page, driver license, and Social Security card.  These documents all show her first name as "S----ke."

10.   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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's name and social security number with the social security number of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct her first name in her records, to include her DD Form 214, DD Form 256A, and DARP Form 249-2-E was carefully considered.

2.  The evidence of record shows her first name consistently appeared as
"S----ta" on every document in her personnel records throughout her tenure of service.

3.  The fact that her amended Birth Certificate shows her first name as "S----ke" is noted.  However, this does not change the conditions and circumstances that existed at the time her service records were created.

4.  The ABCMR does not grant requests for changes to military records solely for the purpose of making an applicant eligible for veterans' or medical benefits. Every case is individually decided based upon its merits.  The granting of veterans' benefits is not within the purview of the ABCMR; therefore, any questions regarding eligibility for health care and other benefits should be addressed to the VA. 
5.  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 her first name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

6.  The applicant is advised that a copy of this decisional document, which confirms her correct first name, will be filed in her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in her military record and to satisfy her desire to have her correct DOB/name documented in her 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)                                         AR20110021306



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ABCMR Record of Proceedings (cont)                                         AR20110021306



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