BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004921 


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 item 1 (Name (Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 November 2011 to add his middle name of "Chongneng."

2.  He states his complete name is not shown on his DD Form 214.

3.  He provides the DD Form 214 and a copy of the front side his U.S. Uniformed Services U.S. Army Retired Identification Card.

CONSIDERATION OF EVIDENCE:

1.  His military record shows he enlisted in the Minnesota Army National Guard (MNARNG) on 22 September 2001 for a period of 8 years.  The DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) prepared at the time reflects his name as T------g L-e, with no middle name.

2.  On 21 September 2007, he was discharged from the MNARNG after completing 6 years of net service during this period.

3.  On 31 March 2010, he enlisted in the Regular Army for a period of 3 years and 8 weeks.  His name on his DD Form 4 for this enlistment reflects T------g L-e, with no middle name.


4.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), contains a copy of a Certificate of Naturalization, dated 25 March 2010.  This document reflects his middle name as Chongneng.

5.  On 21 November 2011, he was retired by reason of permanent physical disability.  The DD Form 214 he was issued at the time reflects his name as
T------g L-e, with no middle name.

6.  He provides a copy of the front side his U.S. Uniformed Services U.S. Army Retired Identification Card that reflects his middle name as Chongneng.

7.  His record is void of any documents showing he submitted a request, accompanied by the required documentation, to correct his records to include his complete middle name.

8.  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.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides a copy of his U.S. Uniformed Services U.S. Army Retired Identification Card that shows his middle name as Chongneng.  His record also contains a Certificate of Naturalization, dated 25 March 2010, that shows his middle name as Chongneng.  However, there is no evidence he submitted a request, accompanied by the required documentation, for a legal name change or correction of his records to reflect a middle name.  His record shows he enlisted and served throughout his tenure in the military under the name T------g L-e, with no middle name.

2.  In the absence of compelling information to the contrary, there is an insufficient basis for changing item 1 (Name) of his DD Form 214 to show his name as requested since evidence indicates he appropriately served with the name he provided upon his entry into the Army.

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 that those records be changed.

4.  Regulatory policy does not provide for adding the applicant's middle name in item 1 (Name) of his DD Form 214.  However, since he added his middle name at naturalization while still on active duty, it would be appropriate to correct
item 18 (Remarks) of his DD Form 214 to show his middle name as shown on his U.S. Army Retired Identification Card.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_x___  ____x____  __x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 for the period ending 21 November 2011 his middle name as shown on his U.S. Army Retired Identification Card, which he provides.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 1 of his
DD Form 214 to reflect his middle name.



      __________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)                                         AR20120004921



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ABCMR Record of Proceedings (cont)                                         AR20120004921



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