IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20130000590 


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 name as "N--- Y---- St. S----" instead of "N--- Y---- J---B-------."

2.  The applicant states when he entered the military he was 17 years of age and they required him to enter under his stepfather's last name of "J---B-------."  His legal last name is "St. S----."

3.  The applicant provides his Social Security card and state driver's license.

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 on 27 October 1987.  His DD Form 4 (Enlistment/Reenlistment Document) and allied documents listed his full name as "N--- Y---- J---B-------."  He authenticated this form and allied documents with his signature using the same name. 

3.  His DA Form 2-1 (Personnel Qualification Record) that was created upon his entry on active duty also listed his full name as "N--- Y---- J---B-------."  He authenticated this form with his signature on 28 October 1987 and last reviewed this document on 15 May 1989 using the same name.

4.  His service record contains multiple documents, including the following documents, that show his name as "N--- Y---- J---B-------."  He authenticated those document requiring his signature with the same name:

* DD Form 93 (Record of Emergency Data), dated 15 May 1989
* DA Form 428 (Application for Identification Card), dated 6 March 1989
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 22 December 1987
* DA Form 4187 (Personnel Actions) request for middle name change, dated 29 October 1987
* Promotion, assignment, and separation orders

5.  On 7 May 1990, he was honorably discharged.  Item 1 (Name - Last, First, Middle) listed his full name as "J---B-------, N--- Y----."  He also authenticated this form by placing his signature in the appropriate place using the same last name.

6.  He provides a Social Security card and state driver's license that contain the full name "N--- Y---- St. S----."

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 evidence of record shows upon his enlistment in the Regular Army in October 1987, the applicant listed his full name as "N--- Y---- J---B-------."  This 

full name is consistent with the full name on several documents in his service record.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct.  There is no evidence he used the requested full name at any time during his military service.

2.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, was correct at the time and there is no reason to change it.

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 a different last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

5.  The applicant is advised that a copy of this decisional document will be filed in his service record.  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 name documented in his military records.

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)                                         AR20130000590



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ABCMR Record of Proceedings (cont)                                         AR20130000590



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