IN THE CASE OF:	   

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130019350 


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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the first, middle, and last names of "K____ A__ R____" instead of "R______ D___ S_________."

2.  The applicant states the legal name change should be documented in the military records.

3.  The applicant provides a DD Form 214, State of Illinois Certificate of Live Birth, and a Final Order to Change the Name of an Adult.

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.  Records show the applicant enlisted in the Regular Army (RA) on
21 November 1979.  Item 1 (Name - Last, First, Middle) of the DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows the name of "R______ D___ S_________."

3.  The applicant's records contain various personnel, finance, medical, and other documents, including an application for an identification card, a report of medical examination, separation orders, insurance documents, and various other documents that show the applicant's name as "R______ D___ S_________."  Some of these documents list the applicant's signature as "R______ D___ S_________."  None of these documents list the name that is requested.

4.  The applicant was honorably released from active duty in the rank/grade of private/E-1 on 22 November 1982.  Item 1 (Name) of the DD Form 214 shows the name as "R______ D___ S_________" at the time of separation.  

5.  The applicant submitted the following documentation:

	a.  a State of Illinois, Certificate of Live Birth, issued on 1 February 2005, that shows the name as "R______ D___ S_________"; and

	b.  a Final Order to Change the Name of an Adult, issued on 23 December 2011 that shows the applicant's name was changed to "K____ A__ R____."

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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 applicant’s desire to have the legal name change recorded in the military records is noted and understood.  However, there is an insufficient evidentiary basis to grant the requested relief.  

2.  The applicant enlisted, served, and was separated from the Army in the name that is recorded in the military records.  The fact that subsequent to service, the applicant underwent a name change does not provide a sufficiently mitigating basis for changing the information recorded in the military records, which were correct at the time the applicant performed military service.  

3.  The Army has an interest in maintaining the integrity 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.  While it is understood the applicant desires to have the records changed, there is no compelling reason for compromising the integrity of the Army’s records at this time.  

4.  The difficulty the applicant is experiencing associated with official documents showing different names is recognized.  As a result, it is concluded that it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) in the interest of compassion, and in order to ensure that the applicant suffers no injustice as a result of the information on file in the military record.  

5.  The DA Form 1569 should be issued in the applicant’s current name, as was legally declared as evidenced by the court document.  This document reflecting the applicant’s current name will be filed in the applicant’s Official Military Personnel File (OMPF) in order to clarify the current name to avoid any confusion and conflict in the records that could result from these changes.  

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 all Department of the Army records of the individual concerned be corrected by providing the individual concerned a Transcript of Military Record (DA Form 1569) in the name legally declared on the court document and by filing the 
DA Form 1569 documenting the military service performed from 21 November 1979 through 22 November 1982 in the OMPF of the individual concerned.




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 changing the applicant’s military records, to include the DD Form 214, to reflect the name change.



      _______ _   _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)                                         AR20130019350



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019350



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1