BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140014199 


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 Anthony M____ M____, which he thought was his name until he saw his birth certificate. He then learned that his birth name is Tony M____ M____.

3.  The applicant provides a copy of his birth 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 27 April 1965.  It shows in item 1 (Last Name - First Name - Middle Name) "M____, Anthony M____."

3.  A DA Form 20 (Enlisted Qualification Record) shows in –

* item 1 (Name) "M____, Anthony M"
* item 47 (Signature of Individual) the applicant's signature (i.e., "Anthony M. M____")

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 27 April 1965, was honorably released from active duty on 2 May 1967, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  It also shows in –

* item 1 (Last Name - First Name - Middle Name) "M____, Anthony M____."
* item 32 (Signature of Person Being Transferred or Discharged) the applicant's signature (i.e., "Anthony M. M____").

5.  Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, Letter Orders Number 04-1057135, dated 14 April 1971, honorably discharged the applicant from the USAR effective 26 April 1971.  The orders show his name as "M____, Anthony M."

6.  In support of his request, the applicant provides a "True Copy" of a State of Hawaii, Department of Health, Certificate of Live Birth, that shows his name as "Tony M____ M____."  The document shows the birth record was filed by the registrar in 1943.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  The instructions for item 1 state "enter last name, first name, and full middle name or names, if any."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the first name recorded in his military service records should be corrected because he believed it to be his birth name, but it does not correspond with the first name on his birth certificate.

2.  The evidence of record shows that upon induction into the U.S. Army the applicant's first name was recorded in his military records as "Anthony."  Thus, at that time, the applicant chose to use the first name "Anthony."

3.  The applicant's military service records clearly show his chosen first name and that he signed numerous documents using that first name.  In addition, the applicant's chosen first name was consistently recorded in his official military service records, including on his DD Form 214, when he was released from active duty and on his orders when he was discharged from the USAR.

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 first 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, based on the evidence of record, the applicant's request has a degree of merit.  Therefore, 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 30 (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 30 the birth name shown on his State of Hawaii, Certificate of Live Birth
(e.g., REFERENCE ITEM 1:  BIRTH NAME:  T____ M____ M____).

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)                                         AR20140014199



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ABCMR Record of Proceedings (cont)                                         AR20140014199



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