IN THE CASE OF:	  

		BOARD DATE:	    21 November 2013

		DOCKET NUMBER:  AR20130005600 


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 birth name.

2.  The applicant states his last name by birth is "S-----;" however, he enlisted in the Army under the last name of "K---."  He adds that, on 31 August 2012, he changed his last name back to "S-----."

3.  The applicant provides copies of his:

* birth certificate
* Army records (three)
* identification (ID) cards
* marriage certificate

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 (Application for Enlistment - Armed Forces of the United States), completed by the applicant on 13 July 1983, shows in:

   a.  section I (Personal Data), block 2 (Name - Last, First, Middle Name), his last name as "K---";

   b.  section X (Statement of Name for Official Military Records), item 48, shows, "If the preferred enlistment name (name given in block 2) is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, complete the following:

    	(1)  Enter name as shown on your Birth Certificate:  "R--- A--- G--- S-----."

   	(2)  "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 'R--- A--- G--- K---' 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 block 2."

    	(3)   My Social Security Account Number reflects the name:  "R--- A. G. 
K---."

   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 (USAR) on 
13 July 1983 and further enlisted in the Regular Army (RA) on 4 August 1983.  Item 1 (Name - Last, First, Middle) shows his last name as "K---."  The applicant also signed the document with that last name.

4.  A DD Form 214 shows the applicant was honorably released from active duty on 3 August 1986 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  It also shows in:

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

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


5.  The applicant provides copies of the following documents:

   a.  State of California, Department of Public Health, Certificate of Birth, issued in November 1964, that shows his last name is "S-----";

   b.  A military driver record, dated 17 September 1985, and DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty), dated 1 August 1986, that show his last name as "K---";

   c.  Social Security card (no date recorded on document) and California Driver License, issued on 12 January 2010, that show his last name as "K---";
   
   d.  State of California, Certification of Vital Record, License and Certificate of Marriage, issued on 19 September 2012, that shows his:

* current last name:  "K---"
* last name at birth:  "S-----"
* new last name:  "S-----"

   e.  Social Security card, issued on 19 September 2012, and California Driver License, issued on 21 September 2012, that show his last name is "S-----."

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established 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 Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the last name recorded in his military service records should be corrected because it does not correspond with the last name on his birth certificate and official name change recorded in September 2012.

2.  The applicant's Certificate of Birth, recently issued Social Security card, and his California Driver License show the last name is "S-----."

3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his preferred last name was "K---."  Thus, the applicant chose to use the last name "K---" during his military service.

4.  The applicant's military service records clearly show his preferred last name and that he signed numerous documents using that last name.  In addition, the applicant's preferred last name was consistently recorded in his official military service records, including on his DD Form 214, when he was released 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 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 last 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.  However, the applicant's request has a degree of merit.  Therefore, in view of the foregoing, it would be appropriate to issue a DD Form 215 (Correction of 
DD Form 214) correcting the applicant's DD Form 214 by adding the applicant's birth name to item 18 (Remarks) of the DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding to item 18 the name shown on his birth certificate (e.g., REFERENCE ITEM 1:  BIRTH NAME:  S-----, R---- A---- G----).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to completely changing his name in his official military service records.




      _______ _   _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)                                         AR20130005600



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005600



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1