IN THE CASE OF:	  

		BOARD DATE:	    15 August 2013

		DOCKET NUMBER:  AR20130001420 


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 item 1 (Name) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

   a.  his DD Form 214 should be corrected to show the hyphenated name given him at birth as reflected on his birth certificate;
   
   b.  he is having problems securing employment because the name shown on his official documents such as his social security card, driver's license, and birth certificate does not match the name on his DD Form 214; and
   
   c.  the name difference compromises his background checks.

3.  The applicant provides a copy of his:

* Social Security Card
* Driver's License
* Certified Birth Certificate
* Consular Report of Birth Abroad
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he initially enlisted in the Regular Army (RA) on 11 April 2002.  Item 1 (Name) of the DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing shows the name he now claims is incorrect.

2.  Page 5 of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) on file, which was also completed during his enlistment processing shows, in Section VIII (Statement of Name for Official Records), the name he now indicates is correct as the name listed on his birth certificate and the name he now claims is incorrect as the name listed on his Social Security card.  It further shows the applicant signed a statement indicating the name he now claims is incorrect:

* was not changed through any court or other legal procedure 
* was the name he was known by in his community
* was the name he preferred to use as a matter of convenience with no criminal intent

3.  On 13 February 2005, the applicant was discharged for the purpose of immediate reenlistment.  On 14 February 2005, the applicant reenlisted in the RA and the DD Form 4 completed at that time listed the name he now claims is incorrect.

4.  All of the official documents and orders contained in the applicant’s military record, issued subsequent to his initial DD Form 4, list the same name as it is recorded on his DD Form 1966 and DD Form 4, dated 14 February 2005.

5.  On 17 March 2010, the applicant was discharged from the RA in the rank of sergeant/E-5, after completing 7 years, 11 months, and 7 days of creditable military service.  Item 1 of the DD Form 214 he was issued at the time lists the name that he now claims is incorrect.

6.  The applicant provides copies of a social security card, a Georgia State Driver's License, a certified birth certificate, and a Consular Report of Birth Abroad that lists the name that he now claims is correct.

7.  Army Regulation 635-5 (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 establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, 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.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states that Item 1 will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 reflect his birth name was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant voluntarily chose to serve using the name recorded in his military records as evidenced on his DD Form 1966/5 prepared upon his initial enlistment and all other subsequently issued documents.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.

3.  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.  Absent any evidence that he has actually suffered an injustice based on the name recorded on his military records, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.

4.  The applicant is advised that a copy of this decisional document, along with his application will be filed in his military record.  This should serve to clarify any questions or confusion in regard to the difference in his name as shown as on his birth certificate and as used in his military record.

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.




      _______ _   _______   ___
               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)                                         AR20130001420





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001420



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1