IN THE CASE OF:	 

		BOARD DATE:	    15 April 2014

		DOCKET NUMBER:  AR20130014859 


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 "M------, M-----" instead of "C------, J---- E----- JR" 
* change Block 7b (Home of Record at Time of Entry) to his current address
* change Block 19a (Mailing Address After Separation) to a different street address
* change Block 19b (Nearest Relative) to a different relative with a different street address

2.  The applicant states he legally changed his name.

3.  The applicant provides a copy of his DD Form 214 and a Court Order from the County Court for Rutherford County, TN.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard of the United States on 21 September 2006.  Block 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) for his initial enlistment lists his name as "C------, J---- E----- JR."  

2.  His record contains several official personnel, legal, medical, financial and other documents, and orders that show his name as "C------, J---- E----- JR."  

3.  His record contains a DD Form 214 that shows he entered active duty on       5 December 2009 and he was honorably released from active duty on 15 August 2010, for completion of required active service.  His DD Form 214 contains the following information:

* Block 1, C------, J---- E----- JR
* Block 7b, 5472 Bxxx Kxxx Rd., Murfreesboro, TN  37129
* Block 19a, 5472 Bxxx Kxxx Rd., Murfreesboro, TN  37129
* Block 19b, J---- C------ SR, 107 Bxxx Dr., Murfreesboro, TN 37130   

4.  He authenticated this form by placing his signature in Block 21 (Signature of Member Being Separated).

5.  There is no evidence of record and the applicant did not provide any evidence which shows he submitted a request to change his name on his official military records or that if he submitted a request, such request was approved.

6.  The applicant provides a Court Order from Rutherford County, TN at Murfreesboro, dated 16 March 2012, which ordered the applicant's name changed to "M----- M------."

7.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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 5-6 governs the rules for completing the DD Form 214 and states:

   a.  Block 1:  Compare original enlistment contract or appointment order and review official record for possible name changes.  If a name change has occurred list other names in block 18 (Remarks).
   
   b.  Block 7b:  A Soldier's initial enlistment contract or appointment document is the source for this data, or any correction approved by the U.S. Army Human Resources Command (HRC).  List the street address, city, state, and zip code listed as the Soldier's home of record.  For Reserve Component Soldiers, the active duty order lists the Soldier's home of record.  Home of record is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in active service of at least one full day, or it is determined by HRC to be factually incorrect.
   c.  Block 19a:  Data source is provided by the Soldier.  This address must be a permanent address.  Civilian penal institutions will not be accepted.  Enter street address, city, state, and zip code.
   
   d.  Block 19b:  Data source is provided by the Soldier.  Advise the Soldier that the name and address of a relative should be someone who will know the Soldier's location and address at all times.  When a relative is not available list a close friend.  Enter name, street address, city, state, and zip code.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Army National Guard under the name "C------, J---- E----- JR."  This full name appears throughout the applicant's period of active service.  

2.  The pertinent regulation does not support the applicant's request for correction of block 7b of his DD Form 214 to show his current address nor does it support the applicant's request for correction of block 19a and 19b of his
DD Form 214 to show a different street address in Murfreesboro, TN and in block 19b a different relative and street address.

3.  Considering the mailing address and nearest relative after separation is provided by the Soldier, it must be presumed that the DD Form 214 accurately reflects the information he provided at the time the form was created.  The fact that he subsequently legally changed his name and now wishes to change the nearest relative and addresses on his DD Form 214 are noted; however, a change in plans subsequent to completion of the DD Form 214 is an insufficient basis for changing his DD Form 214 and not supported by regulation.  

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for granting the applicant relief.

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)                                         AR20130014859



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ABCMR Record of Proceedings (cont)                                         AR20130014859



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