IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER: 20120001222


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 (Certificate of Release or Discharge from Active Duty) to show his last name as Stubblefield-Bey instead of Stubblefield.

	a.  He further requests correction of his records to show his nationality as Moorish American, race as Asiatic/White, and religion as Islamism.

	b.  He also requests an updated Certificate of Eligibility for loan guaranty benefits (Department of Veterans Affairs (VA) Form 26-8320) reflecting this correction.

2.  He states he is requesting these changes due to a change in his status as a U.S. citizen.

3.  He provides five pages of private trust documents and a nationality and identification card.

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 15 November 1983.

3.  His DD Form 4 (Enlistment Contract), DD Form 214, and the other documents throughout his military records show his last name as Stubblefield.

4.  He was honorably released from active duty on 14 November 1986 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed a total of 3 years of active service.

5.  The Certificate of Registration, Oath of Amnesty and Reconstruction, Affidavit of Live Birth-Declaration, and Social Security Administration identification card provided by the applicant show his last name as Stubblefield-Bey.  These documents were completed in 2007 and 2008.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states 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.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR's jurisdiction under Title 10, U.S. Code, section 1552, extends to any military record of the Department of the Army.

DISCUSSION AND CONCLUSIONS:

1.  He provides a Certificate of Registration, Oath of Amnesty and Reconstruction, Affidavit of Live Birth-Declaration, and Social Security Administration Identification Card that show his name as Stubblefield-Bey.  However, his last name was changed 20 years after his separation from the 


military.  He enlisted, served, and was honorably released from the military under the last name shown in his military records.  There is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibits a material error or injustice.  Therefore, the documents he now provides are not sufficiently mitigating to warrant changing his military records.

2.  He has not stated what records he wants corrected with regard to his nationality, race, and religion.  However, even if he had, the requested correction is based on changes that occurred after his separation from the military.  As such, there is no basis for which to consider the requested corrections.

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 those records be changed.  While it is understandable the applicant desires to now record his current last name, nationality, race, and religion in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 

4.  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, nationality, race, and religion recorded in his military records and to satisfy his desire to have this information documented in his OMPF.

5.  The ABCMR can only correct Department of the Army military records.  Therefore, the Board does not have jurisdiction to update the VA Form 26-8320.  The applicant is advised to contact the VA regarding updating the 
VA Form 26-8320.

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 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.