BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150001524 


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 military service records to show his court-ordered last name.

2.  The applicant states that he entered military service and chose to use the last name "N____;" however, his last name by birth is "C___."  He states that he no longer associates with the adopted last name and he recently obtained a court order to legally change his last name to "C____."  He has taken action to change his name on other records and forms of identification and would like his military service records to reflect the legal name change.

3.  The applicant provides a copy of the court-ordered name change.

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.  A Dubois County Health Department, Court House, Jasper, IN, Local Certified Copy of Birth Record, filed on 20 March 1980 and issued on 18 August 1987, shows the applicant's birth name as "C___ T___ N____."  It also shows "Child of J___ E. and L___ L. (G____) N____."

3.  An SF (Standard Form) 86 (Questionnaire for National Security Positions), prepared by the applicant on 28 October 1998, shows in Part 1:

* block 1 (Full Name – Last, First, Middle):   "N____, C___ T___"
* block 5 (Other Names Used – First, Middle, Last):  C___ T___ C____"
(from birth to 1986)
* block 14 (Your Relatives and Associates), in pertinent part:

* J___ N____ (Stepfather)
* B___ C____ (Father)

* the applicant signed the document with the name "C___ T___ N____"

4.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on
4 November 1998 and he further enlisted in the Regular Army on 8 June 1999.  Item 1 (Name – Last, First, Middle) shows his name as "N____, C___ T___."  The applicant also signed his enlistment documents with that name.

5.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably discharged on 30 June 2003.  It also shows in:

* item 1 (Name - Last, First, Middle):  "N____, C___ T___"
* item 18 (Remarks), no reference to his other/legal last name
* item 21 (Signature of Member Being Separated) the applicant signed the document with the name "C___ T. N____"

6.  In support of his application the applicant provides a copy of a Chancery Court for Robertson County, Tennessee at Springfield, Court Order, entered on
8 September 2014, that shows the court ordered the applicant's name be changed from "C___ T___ N____" to "C___ T___ C____" and that all official records shall accurately reflect such change.

7.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.
   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the last name recorded in his military service records should be corrected because he recently obtained a court-ordered, legal name change.

2.  The evidence of record shows that upon entry in the U.S. Army the applicant reported his last name as "N____" and that he had used the last name "C____" from birth until 1986.  However, the applicant chose to use the last name "N____" during his military service.

3.  The applicant's military service records clearly show his chosen last name and that he signed numerous documents using that last name.  In addition, the applicant's last name was consistently recorded in his official military service records, including on his DD Form 214, when he was discharged from military service.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in his official military service records.

5.  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 the applicant desires to now record his legal last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  However, the applicant's request has a degree of merit in that the other last name he used prior to entering military service is recorded in his military records.  Therefore, in this case, it would be appropriate to issue a DD Form 215 (Correction of DD Form 214) correcting the applicant's DD Form 214 by adding his legal name to item 18 of the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  _x______  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding to item 18 the name shown in item 5 of his SF 86 (e.g., REFERENCE ITEM 1:  ALSO KNOWN AS:  C___ T___ C____).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to completely changing his name in his official military service records.




      _______ _   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)                                         AR20150001524



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ABCMR Record of Proceedings (cont)                                         AR20150001524



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