IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007979
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) and military occupational specialty (MOS) orders to show her first name as "Jesica" instead of "Laila."
2. The applicant states she legally changed her name.
3. The applicant provides:
* DD Form 214
* MOS orders
* court order, dated 22 June 2010
* petition for name change
CONSIDERATION OF EVIDENCE:
1. The applicant's Army Military Human Resource Record (AMHRR) contains the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) prepared during her enlistment processing. It shows she enlisted under the first name she now claims is incorrect and she authenticated this document with her signature using that name.
2. On 5 September 2007, the applicant enlisted in the U.S. Army Reserve (USAR) for an 8-year period.
3. She completed active duty for training (ADT) during the period 23 October 2007 to 15 August 2008 and was awarded MOS 93Y (Unit Supply Specialist). The DD Form 214 issued upon completion of ADT lists the first name she now claims is incorrect.
4. Headquarters, 99th Regional Readiness Command, Orders 08-267-00005, dated 23 September 2008, show the applicant was awarded MOS 92Y and list her first name as "Laila." All documents maintained in her AMHRR list this same name which she claims is incorrect.
5. The applicant provides a petition for name change initiated on 9 September 2009 wherein she requested to change her first name from "Laila" to "Jeselle." This document also includes the certification of name change that shows her request was granted by the court on 16 October 2009.
6. The applicant provides a decree issued by the Court of Common Pleas of Monroe County, 43rd Judicial District, Common Wealth of Pennsylvania. It shows the district court judge granted the applicant's request to change her first name from "Jeselle" to "Jesica" on 28 May 2010.
7. 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. It states 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. The applicant's request for correction of her DD Form 214 and MOS orders to reflect her current court-ordered name was carefully considered.
2. The evidence of record confirms she served on active duty and was separated under the first name that is listed on her DD Form 4, DD Form 214, and all other documents filed in her AMHRR during the period in question.
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. While it is understandable the applicant desires to now record her current first name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document which confirms her current first name will be filed in her AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in her military record during her active duty service and to satisfy her desire to have her current first name documented in her AMHRR. In addition, all new record documents prepared for the applicant subsequent her official legal name changes as ordered by the court should reflect her current legal name at the time of creation as she continues to serve in the USAR.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 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) AR20120007979
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ABCMR Record of Proceedings (cont) AR20120007979
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