BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150001305 


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 (Report of Separation from Active Duty) to show his last name as D______a vice S___s.

2.  The applicant states at age 8 his parents changed his last name to that of his stepfather which he used until 1984 when he found out his name was never legally changed.  It has been some time since he returned to using his birth last name and he would like to make use of some of his Department of Veterans Affairs benefits.  However, the name change has become an issue.

3.  The applicant provides his DD Form 214, birth certificate, driver license, and social security card.

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.  In conjunction with the applicant's enlistment in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP), he completed a DD Form 1966 (Application for Enlistment – Armed Forces of the United States) on 24 May 1976 wherein he listed his last name as S___s.  In block 23 (If preferred enlistment name (given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following:  a (Name as Shown on Birth Certificate), he entered the last name of D______a (emphasis added).  He authenticated this form by placing his signature in the appropriate block on that date using the last name of S___s.  

3.  On 25 May 1976, he enlisted in the USAR DEP.  Item 1 (Name (Last, First, Middle)) of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 25 May 1976, shows his last name as S___s.  He authenticated this form by placing his signature in the appropriate block on that date using the last name of S___s.  On 28 May 1976, he was discharged from the USAR DEP.

4.  On 29 May 1976, he enlisted in the Regular Army (RA).  Page 4 of his DD Form 4, dated 29 May 1976, shows his last name as S___s.  He authenticated this form by placing his signature in the appropriate block on that date using the last name of S___s.  

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

6.  His record contains numerous orders, personnel, medical, and legal documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 March 1977, that all show his last name as S___s.  He authenticated many of these forms by placing his signature in the appropriate block using the last name of S___s.  

7.  He was released from active duty on 23 May 1979.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his last name as S___s.

8.  The applicant provides his County of Santa Cruz, CA, Certificate of Live Birth, issued 31 December 2014, wherein it shows his last name as D______a.  He also provides his driver license and social security card that both show his last name as D______a.



9.  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 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 evidence of record confirms when the applicant enlisted in the USAR, DEP, and the RA using the last name as S___s and this is the last name he used throughout these periods of service to include his active service.  His DD Form 214 correctly shows his last name as S___s, which was the last name he used at the time.

2.  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 the last name he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  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.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20150001305



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ABCMR Record of Proceedings (cont)                                         AR20150001305



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