BOARD DATE:	10 September 2015  

		DOCKET NUMBER:  AR20150002896 


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 item 1 (Name) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

   a.  his mother enrolled him in school and he enlisted in the Army with the last name of M______, even though his last name is correctly listed as P_____ on his birth certificate; and
   
   b.  he wants his DD Form 214 to list his correct legal birth name.

3.  The applicant provides a Certificate of Live Birth.

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.  The applicant's record includes a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) which was completed during his enlistment processing on 22 September 1980.  Page 8, Section X (Statement of Name for Official Records), shows the name he now indicates is correct as the name listed on his birth certificate.  It further shows the applicant authenticated this document by signing the name M______, which he now claims is incorrect and he indicated this name: 

* was not changed through any court or other legal procedure 
* was the name he was known by in his community
* was the name he preferred to use as a matter of convenience with no criminal intent

3.  The DD Form 4 (Enlistment/Reenlistment Document) also prepared during the applicant’s enlistment processing shows he enlisted in the Regular Army (RA) on 29 September 1980.  Item 1 (Name) lists the name M_____ and he authenticated this document by signing this same name.

4.  The DA Form 2-1 (Personnel Qualification Record) prepared on the applicant upon his entry on active duty lists the name contained in item 1 (Name) of his DD Form 4 and his DD Form 1966.  All of the official documents and orders contained in the applicant’s Official Military Personnel File list the same name as that recorded on his DD Form 4, DD Form 1966, and DA Form 2-1.

5.  On 15 December 1982, the applicant was discharged from the RA in the rank of private/E-1, after completing 2 years, 2 months, and 17 days of creditable military service.  Item 1 of the DD Form 214 he was issued lists the name that he now claims is incorrect.

6.  The applicant provides a certified copy of his birth certificate prepared on 12 July 1990.  It lists the name that he now claims is correct.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states 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.  Paragraph 2-4 contains item-by-item instructions for completion of the DD Form 214 and it states that Item 1 will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 reflect his birth name was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant voluntarily chose to serve using the name recorded in his military records as evidenced on page 8 of his
DD Form 1966/8 prepared upon his initial enlistment and all other subsequently issued documents.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.

3.  The Army has an interest in maintaining the accuracy 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.  Absent any evidence that he has actually suffered an injustice based on the name recorded on his military records, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.

4.  The applicant is advised that a copy of this decisional document, along with his application will be filed in his military record.  This should serve to clarify any questions or confusion in regard to the difference in his name as shown on his birth certificate and as used in his military record.

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)                                         AR20150002896





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002896



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1