IN THE CASE OF:  
	  

		BOARD DATE:  23 April 2015	  

		DOCKET NUMBER:  AR20140016424 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as C____ instead of S____.

2.  The applicant states:

* his name was changed by a court order
* he needs to keep his military records in synchronization with his driver's license, social security card, and birth certificate

3.  The applicant provides:

* State of Louisiana, Parish of Claiborne, Act of Adoption
* Honorable Discharge Certificate from the U.S. Army
* Honorable Discharge Certificate from the Louisiana Army National Guard (ARNG)
* Certificate of Live Birth
* two social security cards

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) under the Delayed Entry Program on 20 May 1976.  On 7 June 1976, he was honorably discharged for immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 8 June 1976 under the last name S____.

3.  On 7 June 1979, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows his last name as S____.

4.  His records contain a copy of a State of Louisiana, Parish of Claiborne, Act of Adoption showing he was adopted on 20 July 1979 and his last name was changed from S____ to C____.

5.  A National Guard Bureau Form 60 (Request for Clearance from USAR for Enlistment/Appointment in the ARNG), dated 2 August 1982, shows:

* his request for separation from the USAR was approved
* he enlisted in the ARNG on 5 May 1982 under the last name C____

6.  On 18 November 1982, U.S. Army Reserve Components Personnel and Administration Center Orders C-11-929003 released him from the USAR effective 4 May 1982.  These orders listed his last name as C____.

7.  He provided:

	a.  a State of Louisiana, Parish of Claiborne, Act of Adoption showing he was adopted on 21 January 1980 and his last name was changed from S____ to C____;

	b.  an Honorable Discharge Certificate from the U.S. Army, dated 1 May 1982, showing his last name as S____;

	c.  an Honorable Discharge Certificate from the ARNG, dated 4 May 1983, showing his last name as C____;

	d.  a Certificate of Live Birth, dated 30 August 2000, showing his last name as C____; and

	e.  two social security cards, one showing his last name as S____ and one showing his last name as C____.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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 military service records show he served in the Regular Army under the last name S____.

2.  The evidence of record shows he was subsequently adopted after his service in the Regular Army and his last name was changed to C____.

3.  Army records created after his separation from the Regular Army show his name was recorded as C____.

4.  While it is understandable that he now desires to record his adoptive name on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  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 a change to those records.

5.  The applicant is advised that a copy of this decisional document will be filed in his military records along with his previous name change documentation.  This should serve to clarify any questions or confusion regarding the difference in the two last names recorded in his military records, one matching the last name shown on DD Form 214.



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 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)                                         AR20140016424



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ABCMR Record of Proceedings (cont)                                         AR20140016424



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