IN THE CASE OF:	  

		BOARD DATE:	  20 June 2012

		DOCKET NUMBER:  AR20120021750 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his full name as "J____ D. C____" instead of "D____ D____ E____."

2.  The applicant states he formally changed his name after discharge and he would like his DD Form 214 changed to reflect this change.

3.  The applicant provides:

* Standard Certificate of Live Birth, dated 2 January 1945
* Certification of Birth Record, dated 3 January 2006
* Two Social Security Number (SSN) Printouts from the Social Security Administration (SSA), dated 22 December 2005
* Court-ordered Certificate of Change of Name effective 17 May 1993, dated 15 June 1993

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 enlisted in the Regular Army (RA) on 29 December 1961 for a period of 3 years.  Item 1 (Last Name - First Name - Middle Name) of his 
DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his name as "D____ D____ E____."  He signed his enlistment contract using this same name.

3.  His DA Form 24 ((Service Record) and DA Form 20 (Enlisted Qualification Record) were both created upon his entry on active duty.  These documents listed his name as "D____ D____ E____."

4.  Several other documents in his service record listed his name as "D____ D____ E____," including a:

* DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 13 November 1961
* Standard Form 88 (Report of Medical Examination), dated 15 November 1961
* Standard Form 89 (Report of Medical History), dated 15 November 1961
* DA Form 41 (Record of Emergency Data), dated 29 December 1961
* Special Court-Martial Order Number 15, issued by Headquarters, 1st Tank Battalion, 77th Armor, 5th Infantry Division, Fort Carson, CO, dated
17 November 1962

5.  He submitted:

	a.  Standard Certificate of Live Birth, dated 2 January 1945, showing the contested name. 

	b.  Certification of Live Birth, dated 3 January 2006, showing the requested name. 

	c.  Two SSA printouts, both dated 22 May 2012, confirming two different SSN's under the requested name.

	d.  A court Certificate of Change of Name, dated 15 June 1993, confirming the name change from the contested to the requested name.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the full name "D____ D____ E____" upon his initial enlistment in the RA.  This name is consistent with the name on all official military records throughout his military service.  He authenticated several forms that contain this name.  He did not use the name that he currently uses during his military service.

2.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service record, including the DD Form 214, were correct at the time.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  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 full 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.

5.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current full name documented in his AMHRR.


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)                                         AR20120021750



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ABCMR Record of Proceedings (cont)                                         AR20120021750



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