BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160000699 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160000699 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. BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160000699 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 all records be corrected to reflect his name change from Ro___ Sha___ to Ke___ Ma___ Sy___ Fer___. 2. The applicant states, in effect, his name was Ke___ Ma___ Sy___ Fer___ when he entered the Army in January 1994; he changed it to Ro___ Sha___ in 2013. The problem that he is now experiencing is, every time he tries to do any business, he is being told the name Ke___ Ma___ Sy___ Fer___ does not exist. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 17 November 2003 * DD Form 214, ending 31 January 2014 * Final Order to Change the Name of an Adult, dated 16 August 2013 * Final Order to Change the Name of an Adult, dated 24 February 2014 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 13 January 1994. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and his DD Form 1966 (Record of Military Processing – Armed Forces of the United States) both reflect his name as Ke___ Fer___ with no middle names. 2. He reenlisted on 4 September 1996 and his DD Form 4 shows his full name as Ke___ Ma___ Sy___ Fer___. His official military personnel file (OMPF) reflects Ke___ Ma___ Sy___ Fer___ as the name he used throughout most of his military career. 3. He was honorably discharged on 17 November 2003 in order to accept appointment as a warrant officer in the Army. His DD Form 214 shows he completed 9 years, 10 months, and 5 days of net active service. His name is shown as Ke___ Ma___ Sy___ Fer___. 4. He was appointed as a Reserve warrant officer and executed his oath of office on 18 November 2003. His name was entered as Ke___ Ma___ Sy___ Fer___ on his DA Form 71 (Oath of Office – Military Personnel). 5. The applicant provides a court order, dated 16 August 2013, indicating he changed his name from Ke___ Ma___ Sy___ Fer___ to Ro___ Sha___. 6. He honorably retired on 31 January 2014 due to having sufficient service for retirement. His DD Form 214 shows he completed 10 years, 2 months, and 13 days of net active service for the period of the report, with 9 years, 10 months and 5 days of prior active service. His name is listed as Ro___ Sha___. 7. The applicant provides another court order, dated 24 February 2014, which indicates he changed his name from Ro___ Sha___ to Ke___ Ma___ Sy___ Fer___. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. a. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her active military service, and to furnish a vital record for interested government agencies that assist the individual in obtaining the rights and benefits that may accrue as the result of such service. b. With regard to the Soldier's name, the regulation stated it should be spelled out in capital letters and the Enlisted Record Brief should be compared to the contract in an effort to confirm if a change in his/her name has occurred. DISCUSSION: 1. While the applicant provides evidence his name was legally changed from Ro___ Sha___ to Ke___ Ma___ Sy___ Fer___, this change did not occur during his period of active service. 2. 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 those records be changed. 3. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military record and the name that he currently uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000699 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000699 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2