IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140015943
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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 22 February 2013, to show his middle name as "Joseph" instead of "Kenneth" and his last name as "McCxxxxxx" instead of "Axxx."
2. The applicant states he wants this DD Form 214 to reflect his legal name change.
3. The applicant provides copies of his 2013 DD Form 214 and Name Change Order.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 7 May 2004. His records contain the following:
* DD Form 4/1 (Enlistment/Reenlistment Document), dated 7 May 2004, which lists his middle and last names as "Kenneth" and "Axxx"
* DD Form 1966/1 (Record of Military Processing), dated 7 May 2004, which lists the initial "K" for his middle name and his last name as "Axxx"
2. He entered active duty for training (ADT) on 17 June 2004 and was awarded military occupational specialty 63B (light wheel vehicle repairer). He was released from ADT on 23 November 2004 and was transferred to a Reserve unit. His DD Form 214 lists in item 1 his middle and last names as "Kenneth" and "Axxx."
3. His records also contain a DA Form 2-1 (Personnel Qualification Record) which lists the initial "K" for his middle name and his last name as "Axxx."
4. He entered active duty (AD) on 24 February 2006 in support of Operation Iraqi Freedom. He was released from AD on 6 May 2007 and was transferred to a Reserve unit. His DD Form 214 lists in item 1 his middle and last names as "Kenneth" and "Axxx."
5. He again entered AD on 28 July 2008 as a member of the Army Reserve.
6. His records further contain the following:
* DD Form 93 (Record of Emergency Data), dated 15 February 2012, which lists his middle and last names as "Kenneth" and "Axxx"
* DD Form 4/1, dated 21 March 2012, which lists his middle and last names as "Kenneth" and "Axxx"
* Enlisted Record Brief (Active Guard Reserve), dated 15 October 2012, which lists his middle and last names as "Kenneth" and "Axxx"
7. He was released from active duty on 22 February 2013 and was transferred to the USAR Control Group (Reinforcement). His DD Form 214 lists in item 1 his middle and last names as "Kenneth" and "Axxx."
8. He provided a copy of a Name Change Order issued by the State of New York, dated 8 January 2014 (emphasis added), which shows his middle and last names were legally changed to "Joseph" and "McCxxxxxx."
9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the USAR and served on AD using the middle and last names of "Kenneth" and "Axxx," respectively. He was issued a DD Form 214 at the time of his release from AD on 22 February 2013. Item 1 of this DD Form 214 and his previously issued DD Forms 214 show the same middle and last names used throughout his periods of service. After his separation on 8 January 2014, he legally changed his middle and last names.
2. There is no evidence of record and he did not provide sufficient evidence to show the middle and last names listed on his 2013 DD Form 214 were not the names he claimed at that time. Absent convincing independent and verifiable evidence to the contrary, it is presumed that this DD Form 214 was correct at the time it was prepared. Therefore, there is an insufficient evidentiary basis to grant him 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record his current middle and last names on his 2013 DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this last date.
4. A copy of this decisional document will be filed in his records to clarify the difference between his current middle and last names and the middle and last names used during his periods of service in the USAR and on AD.
________ ________ ________ 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) AR20140015943
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ABCMR Record of Proceedings (cont) AR20140015943
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