IN THE CASE OF:	  

		BOARD DATE:	    2 July 2013

		DOCKET NUMBER:  AR20120021379 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct first name.

2.  The applicant states when he entered active duty a preferred name was entered on his paperwork instead of his correct legal name.  He states that both names are recorded under the same social security number (SSN).  He adds that he cannot continue his education and training until his DD Form 214 is corrected.

3.  The applicant provides copies of his birth certificate and SSN card.

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.  The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), completed by the applicant on 12 April 2000, shows in:

   a.  section I (Personal Data), item 2 (Name - Last, First, Middle Name), his first name as "Antone;"

   b.  section VIII (Statement of Name for Official Military Records), item 39 (Name Change) - If the preferred enlistment name (name given in item 2) is not the same as on your birth certificate, and it has not been changed by legal procedure prescribed by state law, and it is the same as on your SSN card, complete the following:

    	(1)  (Name as Shown on Birth Certificate):  "Anthony A-- W----";

    	(2)  (Name as Shown on SSN Card):  "Antone A-- W----"; and

    	(3)  "I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the name of 'Antone A-- W----' by which I am known in the community as a matter of convenience and with no criminal intent.  I further state that I am the same person as the person whose name is shown in item 2."

   c.  The applicant and a witness placed their signatures on the document.

3.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on 
14 April 2000 and he further enlisted in the Regular Army on 28 April 2000. Item 1 (Name - Last, First, Middle) shows his first name as "Antone."  The applicant also signed the document with that first name.

4.  A DD Form 214 shows the applicant was discharged under honorable conditions on 23 August 2002.  He completed 2 years, 3 months, and 26 days of net active service.  His DD Form 214 shows in:

	a.  item 1 (Name - Last, First, Middle) his first name as "Antone"; and

	b.  item 21 (Signature of Member Being Separated) - the applicant signed the document.

5.  The applicant provides copies of the following documents:

   a.  State of Ohio, Office of Vital Statistics, Certification of Birth, issued on
27 January 2011, that shows his first name is "Anthony"; and
   b.  SSN card, issued on 4 February 2011, that shows his first name is "Anthony."

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or 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 that the source documents for entering information on the DD Form 214 will be the enlisted qualification record, separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file.

	b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 simply state to enter the name in all capital letters.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the first name recorded in his military service records should be corrected because it does not correspond with the first name on his birth certificate and SSN card.

2.  The applicant's Certification of Birth and SSN card show the first name "Anthony."

3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his preferred first name was "Antone" and that it was the same name as on his SSN card.  (It is noted that the name "Antone" is not recorded on his SSN card.)  Thus, for reasons that are not known, the applicant chose to use the first name "Antone" during his military service.

4.  The applicant's military service records clearly show his preferred first name (i.e., "Antone") and that he signed numerous documents using that first name.  In addition, the applicant's preferred first name was consistently recorded in his official military service records, including on his DD Form 214, when he was discharged from active duty.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the first name in his official military service records.
6.  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 his correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

7.  In view of the foregoing, there is no basis for granting the requested relief.

8.  A copy of this Record of Proceedings will be filed in the applicant's official military personnel file so this record concerning his first name will be available.

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)                                         AR20120021379



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ABCMR Record of Proceedings (cont)                                         AR20120021379



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