BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120001886
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), ending on 20 November 2011, to show his name as R _ _ _ _ _V _ _ _ _ _, M _ _ _ _ _ ANG _ _. He also requests correction of his component to show "Retired."
2. The applicant states his DD Form 214 is wrong and he has supporting documentation.
3. The applicant provides copies of his:
* DD Form 214 ending on 20 November 2011
* Birth Certificate, issued in 2012
* DD Form 2 (Retired) Identification Card (Front side only)
* Social Security Card, dated 4 January 2012
CONSIDERATION OF EVIDENCE:
1. The evidence of record shows the following:
a. On 11 July 2002, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years. His enlistment contract shows his name as R _ _ _ _ _, M _ _ _ _ _.
b. On 3 September 2002, he enlisted in the Regular Army (RA) for 4 years and he signed his enlistment contract using the name of R _ _ _ _ _,
M _ _ _ _ _.
c. The applicant's Enlisted Record Brief (ERB), dated 3 May 2005, shows his name as R _ _ _ _ _, M _ _ _ _ _. It also shows his component as RA.
d. The applicant's DD Form 214 ending on 5 December 2006 released him from active duty upon completion of required active service and transferred him to the USAR in the name of R _ _ _ _ _, M _ _ _ _ _. His component is listed as RA.
2. On 13 January 2010, the applicant again enlisted in the RA. His contract shows he used the name of R _ _ _ _ _, M _ _ _ _ _ ANT _ _ _ _.
3. The applicant's SGLV 8286 (Servicemembers' Group Life Insurance Election and Certificate) dated 2 August 2010 shows the same name as he used on his enlistment contract in January 2010.
4. A DD Form 2648 (Pre-Separation Counseling Checklist for Active Component Service Members), dated 2 March 2011, shows he used only his last and first name as shown on his enlistment contract dated 13 January 2010.
5. The applicant's ERB, dated 29 August 2011, shows the same name as on his enlistment contract dated 13 January 2010.
6. On 20 November 2011, the applicant was retired due to physical disability. His DD Form 214 shows his name as it is recorded on his enlistment contract dated 13 January 2010. Item 2 (Department, Component and Branch) shows Army/RA, indicating he was a member of the RA at the time of retirement. Item 23 (Type of Separation) indicates he was retired.
7. The applicant provides a:
a. birth certificate that was issued in 2012, which lists his name as
R _ _ _ _ _ V _ _ _ _, M _ _ _ _ ANG _ _; and
b. DD Form 2 (Retired) and his Social Security Card that both show his name as it is listed on the above birth certificate.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 shows his name and component incorrectly.
2. A review of the applicant's service records clearly show he served in the RA using the name currently recorded in his military records. The fact that he was issued a DD Form 2 (Retired) showing his name as recorded on his birth certificate is not sufficient justification to change the name he used while on active duty.
3. The evidence of record clearly shows the applicant was retired due to a physical disability. His DD Form 214 issued in 2011 clearly shows this event. However, it appears that he has misread the document. Item 2 records his component as RA and Item 23 shows that he was separated due to retirement. These are correct entries.
4. 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.
5. In view of the above, the applicant's request should be denied.
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) AR20120001886
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ABCMR Record of Proceedings (cont) AR20120001886
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