IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005369 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 records to show his current last name. 2. The applicant states his military records show his last name as "W----" and the suffix "Jr." However, his name was changed to "C---" based on his marriage. 3. The applicant provides a copy of his marriage certificate, Social Security card, and 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 12 May 2006. At the time, his last name was "W----" and his name included the suffix "Jr." (His social security number was also recorded in his records.) The applicant further enlisted in the Regular Army (RA) on 30 May 2006 with the same last name and suffix. 3. A DD Form 4 shows the applicant reenlisted in the RA on 6 November 2008. At the time, his last name was "W----" and included the suffix "Jr." 4. The applicant's Enlisted Record Brief, dated 29 April 2014, shows his last name as "W----" and the suffix "Jr." 5. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 30 May 2006, retired from active duty on 25 April 2014 based on permanent disability, and transferred to the USAR Control Group (Retired). It also shows in: a. item 1 (Name), his last name as "W----" and the suffix "JR" and b. item 21a (Member Signature), he electronically signed the document with his last name ("W----") and the suffix ("JR"). 6. A review of the applicant's military personnel records failed to reveal a request for, or an approved, official name change. 7. In support of his request the applicant provides the following documents: a. State of North Carolina, Harnett County, Office of Register of Deeds, Application, License, and Certificate of Marriage, that shows he married Ana Maria C--- V----- on 19 May 2013. b. Social Security card, issued on 4 August 2014, that shows his recorded social security number and his new last name (i.e., "C---"). c. State of North Carolina, Driver License, issued on 12 August 2014, that shows his new last name (i.e., "C---"). 8. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army. It also establishes 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 Enlisted Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF). b. Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214. The instructions for item 1 simply state to enter the name of record in all capital letters. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's military service records consistently reflect his correct last name and suffix as it was recorded upon his initial entry into military service through the date of his retirement from active duty. 2. The applicant married on 19 May 2013. However, there is no evidence of record that shows he requested an official name change while on active duty. 3. The applicant retired from active duty on 25 February 2014 and transferred to the USAR Control Group (Retired). At the time, his last name was "W----", his name contained the suffix "Jr", and he signed his DD Form 214 with his name of record. 4. On 4 August 2014, subsequent to his retirement from active duty, the applicant's last name was changed to "C---" and the suffix "Jr" was also removed. 5. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documentation provided by the applicant is insufficient evidence to warrant a change to the name in his OMPF. 6. For historical purposes, 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. 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 current 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. In view of the foregoing, there is no basis for granting the requested relief. 8. A copy of this Record of Proceedings will be filed in the applicant's OMPF so a record of his current name will be available. 9. If it is the applicant's retired pay records that he wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that its policy is to refer retirees to the U.S. Army Human Resources Command to approve a name change. The applicant should therefore provide officially authenticated supporting documentation to the: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, requesting approval of his request for name change on his Army (retired pay) records and informing DFAS when it has been approved. 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) AR20150005369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005369 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1