IN THE CASE OF:	  

		BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120006648 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his name as it is listed on his court order.

2.  The applicant states he is attempting to utilize his Post 9/11 educational benefits but needs to have his DD Form 214 corrected as it was issued under his prenaturalization name.  He also notes that the name on his Certificate of Naturalization was incorrect. 

3.  The applicant provides copies of a Military Identification Card, DD Form 214, court order, Certificate of Naturalization and modified Certificate of Naturalization, Social Security Card and a reissued Social Security Card, and a Maryland Drivers License and modified Maryland Drivers License.

CONSIDERATION OF EVIDENCE:

1.  The applicant, then a resident alien, enlisted in the Regular Army on 9 September 2010, completed training, and was awarded military occupational specialty 11B (Infantryman).

2.  While stationed at Fort Drum, New York, the applicant applied for and went through the process leading to U.S. citizenship.  

3.  A Department of Homeland Security Certificate of Naturalization shows the applicant completed all requirements for and took his oath of allegiance at the Federal Court Building in Syracuse, New York becoming a U.S. citizen on 21 April 2011.  However, the name on the naturalization documents is totally different from the name on the DD Form 214.  One naturalization document shows a last name that begins with an "S" and a second shows a last name that begins with an "X."

4.  On 21 April 2011, in concert with his naturalization processing, he requested a legal name change from his birth name to Bo____ To____ X____.  This action does not appear to have been finalized by the court until 3 April 2012.  

5.  On 14 March 2012, the applicant was honorably discharged.  His DD Form 214 shows his prenaturalization name.

6.  The applicant provides two social security cards showing his naturalized name.  The first, dated 15 March 2012, shows his last name begins with an "S" and a second, dated 12 September 2012 shows his last name begins with an "X." 

7.  He also provides two Maryland Driver's Licenses showing his naturalized name.  The license, dated 22 March 2012, lists his last name with the first letter as an "S" and the second, dated 12 September 2012, lists his last name with the first letter as an "X."

8.  On 23 August 2012, a Department of Homeland Security Certificate of Naturalization was issued listing his last name with an "X" as the first letter.

9.  Executive Order Number 13269, dated 3 July, 2002, provide for an expedited naturalization for aliens and noncitizen nationals serving in an active-duty status in the Armed Forces of the United States on or after 11 September 2001, under Section 329 (Service during Hostilities) of the U.S. Citizenship and Immigration Services (USCIS).  

10.  The Department of the Army policy for implementation of Executive Order Number 13269 directed all personnel services offices to encourage and assist Soldiers with their applications for citizenship and to coordinate with the U.S. Army Human Resources Command to facilitate the process.  It requires all military applicants to fill out and submit the G-325B version of the USCIS Biographic Information form.

11.  Title 8 Code of Federal Regulations (CFR) (Aliens and Nationality) sets forth the policies and procedures for the USCIS.  In pertinent part, the regulation states if a person applying for naturalization is taking his or her Oath of Allegiance at a Federal Court House, they may apply for a concurrent change of name.  During the naturalization interview, a petition for a name change is prepared and forwarded to a Federal court.  Such a name change would become final once a Federal court naturalizes an applicant.  If the court grants the name change the new name is to appear on their Certificate of Naturalization.

DISCUSSION AND CONCLUSIONS:

1.  The Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation.  The applicant's military records do not include any evidence that his records were corrected to show his new name following his naturalization process on 21 April 2011.

2.  Normally, the Board would not correct the military records to show a post service name change since that name is not the name a Soldier served under.  However, in this case, the record clearly shows the applicant requested and received a legal name change at the time he became a U.S. citizen but his original Certificate of Naturalization incorrectly showed his new last name, which begins with an "S."

3.  The applicant realized the error in the name on his naturalization document and immediately took steps to correct the error.  Due to the processing time lag the actual correction did not occur until after he was discharged.  The spelling error was subsequently corrected by the court and the Naturalization Service.  

4.  The applicant's DD Form 214 should also have shown his naturalized name.  However, utilizing the name as shown on the 21 April 2011 Department of Homeland Security Certificate of Naturalization would be wrong as it is incorrect. 

5.  Therefore, as a matter of equity, the applicant's military records should be corrected to show his name as it is listed on the court order.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his name on his DD Form 214 to show the name as it is listed on the 24 April 2012 court order.



      _______ _   __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)                                         AR20120006648



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ABCMR Record of Proceedings (cont)                                         AR20120006648



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