IN THE CASE OF:	

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140020509


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) and his Standard Form (SF) 15 (Application for 10-Point Veteran Preference), to show his name was changed from "Sxxxxxxx E. Nxxxxx" to "Axxxxxx R. Axxxxxx, Jr."

2.  The applicant states he was granted a court-ordered name change from "Sxxxxxxx E. Nxxxxx" to "Axxxxxx R. Axxxxxx, Jr.," and this needs to be reflected on his DD Form 214 and SF 15.

3.  The applicant provides a copy of his Order for Change of Name (Adult), issued by the Circuit Court of Spotsylvania County, Virginia.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 June 2006.  Item 1 (Name (Last, First, Middle)) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his name as "Nxxxxx, Sxxxxxxx Exxxxx."  He signed this form using the name "Sxxxxxxx E. Nxxxxx" and his typed name and signature are consistent.  All allied enlistment documents, including his DD Form 1966 series (Application for Enlistment – Armed Forces of the United States) identify him as "Sxxxxxxx E. Nxxxxx."

2.  Orders 090-2219, issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, Georgia, dated 31 March 2011, reassigned him for separation processing.  These orders show his name as "Nxxxxx, Sxxxxxxx Exxxxx."  

3.  He was honorably released from active duty on 3 July 2011.  Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his name as "Nxxxxx, Sxxxxxxx Exxxxx."  

4.  The documents contained in his DA Form 201 (Military Personnel Records Jacket), initiated and completed during the period of active military service covered by his DD Form 214, show his name as "Sxxxxxxx E. Nxxxxx."

5.  He provides a copy of his Order for Change of Name (Adult), issued by the Circuit Court of Spotsylvania County, Virginia, which shows his name changed from "Sxxxxxxx E. Nxxxxx" to "Axxxxxx R. Axxxxxx, Jr.," effective 11 April 2013.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  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.  It is important that information entered on the form be complete and accurate.

7.  Standard Forms are used Government wide for various employment and benefits program purposes.  The SF 15 is a U.S. Office of Personnel Management (OPM) form that is used by Federal agencies and OPM examining offices to adjudicate an individual’s claims for veterans' preference.  Veterans and certain family members who claim 10-point preference must fill out and submit the SF-15, to include supporting documentation when applying for Federal positions.  It is completed, updated, and submitted by the veteran without Department of the Army oversight.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 and SF 15 should be amended to show his name as "Axxxxxx R. Axxxxxx, Jr."

2.  The evidence of record shows he enlisted in the Regular Army on 6 October 1975, and upon his enlistment he listed his name as "Sxxxxxxx E. Nxxxxx."  He served under that name and it appears on his DD Form 214.  There is no evidence he served under the requested name, or evidence that shows it was his rightful name at any time during his period of active military service.

3.  The documentation he submits suggests he was granted a legal name change in April 2013; however, this court-ordered name change occurred nearly 2 years after he was released from active duty.

4.  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.  It is understandable that he now desires to record a different name throughout his military records; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Accordingly, there is no basis to grant this portion of the requested relief. 

5.  The SF 15 is an OPM form that is used by Federal agencies and OPM examining offices to adjudicate an individual’s claims for veterans' preference.  It is completed, updated, and submitted by the veteran without Department of the Army oversight.  The applicant may submit a corrected copy to OPM to address his change in name; however, given that the SF 15 is not an Army form, it would not be appropriate to direct its correction in this matter.  Accordingly, there is not a sufficient basis to grant this portion of the requested relief. 

6.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.

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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20140016608



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