IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012 

		DOCKET NUMBER:  AR20110013345 


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 records to show his last name as Phillips instead of James.

2.  The applicant states he legally changed his name on 9 May 2011.

3.  The applicant provides:

* A letter of transmittal from the Linn County (Oregon) Veterans Service Officer, dated 23 June 2011
* Court order, dated 9 May 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 January 2008.  He was trained in and awarded military occupational specialty 19D (Cavalry Scout).

2.  A DD Form 4 (Enlistment/Reenlistment Document) prepared during his enlistment processing shows he enlisted under the last name he now claims is incorrect.  He authenticated this document with his signature using the name he now claims is incorrect on the date of his enlistment and entry on active duty.

3.  An Enlisted Record Brief (ERB), dated 27 January 2011, and all other documents included in his Official Military Personnel File (OMPF) lists the last name he now claims is incorrect.

4.  On 30 March 2011, the applicant was discharged from active duty after completing 3 years, 1 month, and 9 days of creditable active service.  The DD Form 214 he was issued at the time shows the same last name he now claims is incorrect.  It also shows he electronically authenticated this document in Item 21 (Signature of Member Being Discharged) by signing the same last name that is listed throughout his OMPF.

5.  The applicant provides a court order issued by the Circuit Court of the State of Oregon, Linn County, dated 9 May 2011.  It shows the circuit court judge granted the applicant's request to change his last name from James to Phillips.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to reflect his new court-ordered name was carefully considered.

2.  The evidence of record confirms he served in and was separated in the last name that is listed on his ERB, DD Form 214, and all other documents filed in his OMPF.

3.  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 new last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

4.  The applicant is advised that a copy of this decisional document, which confirms his new last name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his new last name documented in his OMPF.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20110013345



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ABCMR Record of Proceedings (cont)                                         AR20110013345



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