BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100016790 


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) to show his last name as Ha____-I____.

2.  The applicant states his legal name is not currently reflected on his DD Form 214.

3.  The applicant provides copies the following:

* his social security card, dated 4 March 2008
* his driver's license issued on 21 December 2009
* Superior Court of Arizona Order Changing Name for a Family, dated 3 March 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army for 4 years on 13 January 2005.  His enlistment contract shows he enlisted using the last name of Ha____.  He reenlisted on 25 January 2007.  His reenlistment document shows he reenlisted using the same last name he used during his initial enlistment.

2.  The Superior Court of Arizona Order Changing Name for a Family that the applicant submits shows his last name was changed from Ha____ to the hyphenated last name of Ha____-I____ in open court on 3 March 2008.

3.  The applicant's official record does not contain a DA Form 4187 (Personnel Action) showing he ever notified Army officials of the change to his last name while he was on active duty.  His hyphenated last name is not shown on any documents contained in his official military record.

4.  The applicant was honorably released from active duty (REFRAD) on 24 January 2010 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  The DD Form 214 he received shows his last name as Ha____.

5.  The applicant submits copies of his social security card, dated 4 March 2008, and his driver's license issued on 21 December 2009 using his hyphenated last name.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge, or retirement.  For item 1 (Name), it states to list the name in all capitals and include "SR," "JR," or "II," if appropriate, and to compare Enlisted Record Brief/Officer Record Brief to contract for possible name change.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and the documentation he submitted has been considered.  However, the information contained in his official records must reflect the conditions and circumstances that existed at the time the records were created.

2.  In this regard, the applicant was serving in the Army under the last name of Ha____ at the time that his records were created and there is no indication in his records showing he attempted to have his records corrected to reflect his hyphenated last name.  The hyphenated name is not documented in his official record.

3.  Notwithstanding the copies of the social security card, driver's license, and court order he submitted, the Army has an interest in maintaining the accuracy of its records for historical purposes.  A name change that is requested after completion of military service is generally not a basis for changing official military records.  Nevertheless, his application and supporting documents will be filed in his official record for future reference.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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 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)                                         AR20100016790



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ABCMR Record of Proceedings (cont)                                         AR20100016790



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