IN THE CASE OF:  
  
          
		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140011358 


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 military service records to show his birth name.

2.  The applicant states that he entered military service with the name M____ C____ I____, which he assumed from his step-father; however, his birth name is M____ C____ B____.  He states that he never legally changed his name and his birth name is associated with his social security number (SSN).

3.  The applicant provides copies of his birth certificate, social security card, state identification (ID) card, and DD Form 214 (Report of Separation from Active Duty).

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.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 4 March 1974, shows he entered in:

* item 1 (First, Middle, Last Name):  "M____ C____ I____"
* item 3 (Alias(es), Nickname(s), or Change in Name):  "M____ C____ B____"
* item 20 (Remarks):  "EM [enlisted member] prefers to use the name 'I____' his step-father's name.  EM was using the name 'B____' his father's name."
* he signed the document with the name "M____ C. I____"

3.  A DA Form 3284-R (Applicant's Statement of Name Change), dated 4 March 1974, shows in:

* item 1 (Name as Recorded on Birth Certificate):  ""B____, M____ C____"
* item 5 (Name You Prefer to Use):  "I____, M____ C____"
* he signed the document with the name "M____ C. I____"

4.  Two DD Forms 4 (Enlistment Contract – Armed Forces of the United States) show the applicant enlisted in the U.S. Army Reserve (USAR) on 7 March 1974 and then further enlisted in the Regular Army on 25 March 1974.  Item 5 (Last Name – First Name – Middle Name) of both forms show his name as "I____, M____ C____."  The applicant also signed the documents with that name.

5.  A DD Form 214 shows the applicant was honorably released from active duty on 16 March 1976 and transferred to the USAR Control Group (Annual Training) to complete his reserve obligation.  It also shows in:

	a.  item 1 (Name - Last, First, Middle):  "I____, M____ C____"

   b.  item 27 (Remarks), no reference to his legal name; and

	c.  item 29 (Signature of Person Being Separated) the applicant signed the document with his preferred name.

6.  In support of his application the applicant provides copies of the following documents.

   a.  State of Oklahoma, Department of Health, Standard Certificate of Live Birth, issued on 5 August 1955, that shows the applicant's birth name as "M____ C____ B____."

   b.  Social security card, issued on 13 May 2014, and Nevada ID card, issued on 31 May 2014, that show his name as "M____ C____ B____."

7.  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, in effect, 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.

2.  The evidence of record shows that upon entry into the U.S. Army the applicant reported that his last name by birth was "B____"; however, his preferred last name was "I____."  Thus, the applicant chose to use the last name "I____" during his military service.

3.  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.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in his official military service records.

5.  For historical purposes, 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.  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.  

6.  However, the applicant's request has a degree of merit in that his military record shows one instance in which the birth name is recorded.  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 his birth name to item 27 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 27 the name shown in item 1 of his DA Form 3284-R (e.g., REFERENCE ITEM 1:  BIRTH NAME:  M____ C____ B____).


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)                                         AR20140011358



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ABCMR Record of Proceedings (cont)                                         AR20140011358



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