IN THE CASE OF:	

		BOARD DATE:	    4 September 2012

		DOCKET NUMBER:  AR20120003800 


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 his middle and last names be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* His middle name is Pxxx and his last name is Wxxx
* He wants his legal birth name shown on his DD Form 214 so he can obtain Department of Veterans Affairs benefits
* When he enlisted he used his stepfather's name not his legal name
* The DD Form 398-2 (Department of Defense Personnel Security Questionnaire) shows his legal name as an alias 
* After he moved to California the laws were stricter for proving identity and he had to get a new drivers license and social security information based on his legal birth name not an alias

3.  The applicant provides:

* Birth certificate
* Various forms of identification
* DD Form 398-2
* DD Form 214




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.  His enlistment contract shows his full as name Cxxx Rxxx.  He enlisted in the Regular Army on 1 September 1988.  He served as a field artillery meteorological crewmember and he was honorably discharged on 19 September 1996.  

3.  Item 1 (Name) of his DD Form 214 shows the:

* First name Cxxx
* No middle name 
* Last name Rxxx     

4.  All of his service personnel records show his name as Cxxx Rxxx.

5.  He provided:

* a birth certificate which shows his name as Cxxx Pxxx Wxxx 
* a DD Form 398-2, dated 18 August 1988, which shows the names Cxxx Wxxx and Cxxx Pxxx in the aliases section
* a permanent resident card and California driver license which show his name as Cxxx Pxxx Wxxx
* social security card and Colorado driver license which show his name as Cxxx Rxxx     

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 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.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.  

2.  His enlistment record and service personnel records show the full name of Cxxx Rxxx.  It appears he appropriately served on and was discharged from active duty in the full name of Cxxx Rxxx.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant’s DD Form 214.  

3.  The applicant is advised that a copy of this decisional document, which confirms his correct legal name change, will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion regarding the difference in the names in his AMHRR and satisfy his desire to have his current legal name documented in his AMHRR.

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)                                         AR20120003800





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ABCMR Record of Proceedings (cont)                                         AR20120003800



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