BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016763 


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 the following:

* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 28 July 1995, to reflect his birth last name of "RXXXXXXXX" instead of "CXXXXXX"
* issuance of a corrected DD Form 214

2.  The applicant states when he enlisted the military used the first part of a hyphenated name and dropped the second surname of "RXXXXXXXX," thereby showing his last name as "CXXXXXX" instead of "RXXXXXXXX."

3.  The applicant provides a copy of a 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 the cases 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.  His records contain a DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States), dated 9 June 1987, which shows in item 2 (Last, First, Middle Name) his last name as "CXXXXXX" and in item 3 (Aliases) the name of "RXXXXXXXX."

3.  He enlisted in the U.S. Army Reserve (USAR) on 9 June 1987.  He entered on active duty for training (ADT) on 12 November 1987.  He completed training and was awarded military occupational specialty (MOS) 76V (material storage and handling specialist). 

4.  He was released from ADT on 28 June 1988 and was transferred to a Reserve unit.  He was credited with completing 7 months and 17 days of active service.  Item 1 (Name (Last, first, middle)) of his DD Form 214 lists his last name as "CXXXXXX."

5.  His records also contain the following:

* DA Form 4187 (Personnel Action), dated 28 August 1989, requesting his enlistment in the RA; the form lists his last name as "CXXXXXX"
* DD Form 398-2 (Department of Defense, Personnel Security Questionnaire), dated 16 October 1989, which lists his last name as "CXXXXXX;" item 2 (Aliases) of the form lists the name of "RXXXXXXXX"

6.  He enlisted in the RA on 30 November 1989.  He was awarded MOS (94B (food service specialist).  His records also contain the following:

* DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 30 November 1989, which lists his last name as "CXXXXXX" and item 41 (Data Verification By Recruiter) states his name was verified by his birth certificate
* USAR Enlisted Corps Form 578 (Regular Army Enlistment Delay for Applicant's With An Existing Military Service Obligation), dated 30 November 1989, which lists his last name as "CXXXXXX"
* DD Form 93 (Record of Emergency Data), dated 2 March 1990, which lists his:

* last name as "CXXXXXX"
* father's name as "Ellis CXXXXXX"/Deceased
* mother's name as "Essel (RXXXXXXXX) Robertson"/Deceased

7.  He reenlisted in the RA on 31 March 1993 and 1 August 1994.  His DD Forms 4/1 list his last name as "CXXXXXX."  

8.  His records further contain a DA Form 2-1 (Personnel Qualification Record), reviewed on 5 June 1992, which lists his last name as "CXXXXXX."

9.  He was honorably discharged on 28 July 1995.  He was credited with completing 5 years, 7 months, and 29 days of active service.  Item 1 of his DD Form 214 lists his last name as "CXXXXXX."

10.  His records also contain and he provided a copy of a State of Louisiana birth certificate which shows an individual with the same first name of record as the applicant and last name of "RXXXXXXXX" was born on the same date of birth of record as the applicant.  The birth certificate lists the individual's mother's last name as "RXXXXXXXX" and does not list a father's name (Last, First, Second).

11.  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.

12.  Army Regulation 635–8 (Personnel Separations – Separation Processing and Documents), currently in effect, states a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be prepared in response to a request from a Soldier or veteran to correct a previously issued Army DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With regard to item 1 of the applicant's DD Form 214 ending on 28 July 1995:

   a.  The evidence of record shows he served in the USAR and RA under the last name of "CXXXXXX."  Upon his release from ADT on 28 June 1988, he was issued a DD Form 214 listing that last name.  There is no evidence and he provided none showing he initially enlisted in the USAR and RA with a hyphenated last name.  His DD Forms 1966/1 and 398-2 indicate he used the last name of "RXXXXXXXX" which was his mother's last name as an alias (emphasis added).   

   b.  There is no evidence of record and he did not provide sufficient evidence to show the last name listed on his 1988 and 1995 DD Forms 214 was not the 

name he claimed at that time.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that those forms were correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

   c.  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 last name in his record and on his DD Forms 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this last date.

   d.  A copy of this decisional document will be filed in his records to clarify the difference between his current last name and the last name used during his periods of service in the USAR and RA.

2.  With regard to issuance of a corrected DD Form 214, by regulation, a DD Form 215 will only be issued to correct a previously issued DD Form 214.  Since there is no error regarding the last name listed on his DD Forms 214, there is no reason to change it.  In view of the foregoing, he is not entitled to the requested relief.

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)                                         AR20140016763



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ABCMR Record of Proceedings (cont)                                         AR20140016763



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