IN THE CASE OF:	   

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002080 


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 military service records to show his last name as conferred upon his naturalization as a United States citizen.

2.  The applicant states that he entered military service with the last name "T___s."  He then became a United States citizen with the last name "T___a."  
He adds that his social security card and Texas Driver License have been issued with his naturalized last name.

3.  The applicant provides copies of his –

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* United States of America, Certificate of Naturalization
* social security card
* Texas Driver License

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 DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on
22 March 1988 and he further enlisted in the Regular Army (RA) on 31 March 1988.  Item 1 (Name – Last, First, Middle) shows his name as "T___s, A___."  The applicant also signed his enlistment documents with that name.

3.  A DA Form 5691-R-E (Request for Reserve Component Assignment Orders), used for confirmation of obligation and participation requirements and requests for assignments to a Reserve Component unit, shows, on 30 December 1991, a recruiting noncommissioned officer requested information on "A___ T___a" and that the applicant signed the document with that last name.

4.  A DD Form 214 shows the applicant was honorably released from active duty on 31 December 1991 and transferred to an Army National Guard (ARNG) unit.  It also shows in –

* item 1 (Name - Last, First, Middle):  "T___s, A___"
* item 18 (Remarks), no reference to his naturalized last name

5.  A DD Form 4 shows the applicant enlisted in the ARNG of the United States (ARNGUS) and Texas ARNG (TXARNG) on 1 January 1992 for a period of 
4 years.  Item 1 shows his name as "T___s, A___."  The applicant also signed his enlistment documents with that name.

6.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the ARNGUS and TXARNG on 1 January 1992 and he was honorably discharged on 4 June 1992.  It also shows in –

* item 1 (Name - Last, First, Middle):  "T___s, A___"
* item 18 (Remarks), no reference to his naturalized last name
* item 20 (Signature of Person Being Separated):  "Soldier Not Available for Signature"

7.  Headquarters, USAR Personnel Center, St. Louis, MO, Orders D-11-695198, dated 5 November 1996, honorably discharged the applicant from the USAR effective 5 November 1996.  The orders show his name as "T___s, A___."


8.  In support of his application the applicant provides the following documents:

   a.  The United States of America, Certificate of Naturalization, that shows "A___ T___a" took the oath of allegiance required by the Naturalization Laws of the United States and was admitted as a citizen of the United States of America on 18 September 1992.

   b.  A social security card (date of issue not available) and Texas Driver License, issued on 1 October 2013, that show his name as "A___ T___a."

9.  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 that the last name recorded in his military service records should be corrected because he became a naturalized United States citizen with the last name "T___a."

2.  The evidence of record shows that upon entry in the U.S. Army the applicant reported his last name as "T___s."

3.  The evidence of record shows that just prior to being released from active duty on 31 December 1991, the applicant indicated his last name was "T___a."  However, the last name was not actually conferred upon him until he became a naturalized citizen on 18 September 1992.


4.  The applicant's military service records clearly show his original 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 both his DD Form 214 and NGB Form 22, when he was separated from military service.

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

6.  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 naturalized 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.  

7.  However, the applicant's request has a degree of merit in that his naturalized last name is recorded in his military records.  Therefore, in this case, it would be appropriate to issue a DD Form 215 (Correction to DD Form 214) adding his naturalized name to item 18 of his DD Form 214.  It would also be appropriate to issue an NGB Form 22A (Correction of NGB Form 22) adding his naturalized name to item 18 of his NGB Form 22.

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 and the NGB Form 22 of the individual concerned be corrected by adding to item 18 the name shown on his United States of America, Certificate of Naturalization (e.g., REFERENCE ITEM 1:  ALSO KNOWN AS:  A___ T___A).
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)                                         AR20150002080



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ABCMR Record of Proceedings (cont)                                         AR20150002080



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