IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120006920
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 records to show his legal name according to a court order.
2. The applicant states the court-ordered name change was approved in 2011.
3. The applicant provides a copy of the court order and a personnel action for name change.
CONSIDERATION OF EVIDENCE:
1. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 6 September 2008 for a period of 8 years. It also shows in item 1 (Name - Last, First, Middle): "K____, Y___ A___."
2. The applicant was ordered to active duty in support of contingency operations for Operation Iraqi Freedom on 12 September 2010.
3. U.S. Army Human Resources Command (USA HRC), Fort Knox, KY, Orders B-08-105957, dated 26 August 2011, promoted the applicant to sergeant /pay grade E-5 effective 3 August 2011. The orders show his name as "K_____, B___ A___."
4. A Record of Emergency Data and Servicemembers' Group Life Insurance Election and Certificate, completed by the applicant on 25 October 2011, show his name as "K____, B___ A___."
5. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty (REFRAD) on
5 November 2011 based on completion of required active service and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.
a. He completed 1 year, 1 month, and 24 days of active service this period.
b. It also shows in item 1 (Name - Last, First, Middle): "K_____, Y___ A___."
6. A USA HRC, Fort Knox, KY, Chronological Statement of Retirement Points, dated 19 April 2012, shows the applicant's name as "K____, B___ A___."
7. In support of his application, the applicant provides the following documents:
a. a copy of a Chancery Court for Davidson County, Tennessee, Order, File Number 11-0539I, that shows the applicant requested to change his name from "Y___ A___ K_____" to "B___ A___ K_____" and that the court ordered the applicant's name shall be "B___ A___ K_____." It also shows the Deputy Clerk certified the copy a "True Copy" of the original instrument filed in her office; and
b. DA Form 4187 (Personnel Action), undated and unsigned by the applicant, that shows he requested to change his name from "Y___ A___ K_____" to "B___ A___ K_____." It also shows that Captain Peter M. A_____, Commander (Company A), 4th Battalion, 5th Special Force Group (Airborne), Fort Campbell, KY, verified the information.
8. A review of the applicant's military personnel records failed to reveal a copy of the DA Form 4187.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, enlistment/ reenlistment documents, separation orders, or any other document authorized for filing in the Official Military Personnel File.
b. Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. It shows for item 1, enter in all capital letters; include "JR", "SR", or "II" when needed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the name recorded on his DD Form 214 should be corrected because his name was legally changed prior to his release from active duty.
2. Records show the applicant enlisted in the USAR on 6 September 2008 as "Y___ A___ K_____" and he was ordered to active duty on 12 September 2010.
3. A court order shows the applicant changed his name from "Y___ A___ K_____" to "B___ A___ K_____" sometime prior to 25 April 2011.
4. The evidence of record shows that, in August 2011, Headquarters, USA HRC, confirmed in promotion orders that the applicant's name was "B___ A___ K_____." Thus, USA HRC acknowledged that a legal name change had been approved and it was recorded in his official military service records. Moreover, this was prior to the applicant's release from active duty on 5 November 2011.
5. Therefore, it would be appropriate to correct the applicant's DD Form 214, as recommended below.
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 deleting from item 1 of his DD Form 214 the current name and entering his correct legal name, as listed on the Chancery Court for Davidson County, Tennessee, 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) AR20120006920
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ABCMR Record of Proceedings (cont) AR20120006920
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