BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140015619 


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 last name as Jxxxx vice Lxxxxxx.

2.  The applicant states:

	a.  At the age of 17, the military allowed him to use his stepfather's last name of Lxxxxxx when he enlisted without a legal name change.  Since then, the military does not allow such procedures to be conducted as far as enlistment is concerned.  At the time, he didn't know the complications he would experience.  He relocated to Louisiana and Alabama and made several attempts for employment with different law enforcement agencies.  

	b.  However, the Louisiana and Alabama law enforcement agencies would not recognize his last name as Lxxxxxx because it does not match his birth certificate.  His mother had to sign for him to get a birth certificate and social security card in the last name of Jxxxx.  His original birth certificate was in the name of Jxxxx so he had to get a license in his birth name.  The process that took place 32 years ago has hindered him from employment.  He was told he was denied employment with law enforcement because the military allowed him to enlist illegally.

3.  The applicant provides his DD Form 214, three pages of a DD Form 1966 (Application for Enlistment - Armed Forces of the United States), two driver licenses, social security card, court decree, and two birth certificates.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 29 June 1982.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 29 June 1982, shows his last name as Lxxxxxx.  He was discharged from the DEP on 23 August 1982.

3.  On 24 August 1982, he enlisted in the Regular Army (RA).  Page 4 of his DD Form 4, dated 24 August 1982, shows his last name as Lxxxxxx.  He authenticated this form by placing his signature in the appropriate block using the last name of Lxxxxxx. 

4.  His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his last name as Lxxxxxx.  

5.  His record contains numerous orders, personnel, medical, and legal documents that all show his last name as Lxxxxxx.  He authenticated many of these forms by placing his signature in the appropriate block using the last name of Lxxxxxx. 

6.  He was honorably released from active duty on 23 August 1985 and he was transferred to the USAR.  Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued shows his last name as Lxxxxxx.

7.  The applicant provides a:

* LA Commercial License that expires on 22 October 2018, wherein it shows his last name as Jxxxx
* CA Commercial Driver License that expires on 22 October 2017, wherein it shows his last name as Lxxxxxx
* Monroe County Alabama Court Decree, dated 28 November 2012, wherein it shows he legally changed his last name from Lxxxxxx to Jxxxx
* social security card, dated 25 January 2012, wherein it shows his last name as Jxxxx
* certification of birth, issued 20 January 2012, wherein it shows his last name as Jxxxx
* certificate of live birth, dated 23 October 1964, wherein it shows his last name as Jxxxx

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214.  It stated 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 evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his last name as Lxxxxxx and this is the name he used throughout his period of active service.

2.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty.  There are no provisions in the governing regulation to change the name on a DD Form 214 to reflect a name acquired after the Soldier's release from active duty.  His DD Form 214 correctly shows his last name as Lxxxxxx, the name he held at the time he was released from active duty.  Therefore, he is not entitled to the requested relief.

3.  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 that the applicant now desires to record a different last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  The applicant is advised that a copy of this decisional document will be filed in his official record.  This should serve to clarify any questions or confusion in regard to the difference in the last name he now uses and the last name recorded in his military record.

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)                                         AR20140015619



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ABCMR Record of Proceedings (cont)                                         AR20140015619



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