IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008267 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, in effect, correction of his military service records to show his birth name. 2. The applicant states government officials incorrectly entered his name in his military service records. He states his birth name is "Cory D___ S____;" however, his military service records show his name as "Corey D___ S____." 3. The applicant provides copies of his birth certificate, Social Security card, Louisiana Chauffeur's License, and DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 1966 (Application for Enlistment – Armed Forces of the United States), completed during the applicant's enlistment processing, certified by him on 26 December 1990, and recertified by him on 23 July 1991, shows in: * section IV (Certification) – * item 28 (Certification of Applicant), in pertinent part, "I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief." * block b (Typed or Printed Name): "Corey D___ S____" * block c (Signature): the applicant signed, "Corey S____" * section V (Recertification), item 33 (Recertification by Applicant and Correction of Data at the Time of Active Duty Entry), in pertinent part, "I have reviewed all information contained in this document this date. That information is still correct and true to the best of my knowledge and belief." The applicant signed the recertification section, "Corey S____" * section VIII (Statement of Name for Official Military Records), item 36 (Name Change): "If the preferred enlistment name (name given in item 2) is not the same as on your birth certificate, and it has not been changed by legal procedure prescribed by state law, and it is the same as on your social security card, complete the following: * Name as Shown on Birth Certificate: "Cory D___ S____" * Name as Shown on Social Security Card: "Corey D___ S____" * it also shows, "I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the name of 'Corey D___ S____' by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in item 2." * the applicant and recruiter placed their signatures on the document 3. 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 28 December 1990 for a period of 8 years and that he further enlisted in the Regular Army (RA) on 23 July 1991 for a period of 4 years. a. It also shows in item 1 (Name): "S____, Corey D___." b. The applicant placed his signature on the document ("Corey D___ S____") on 28 December 1990 and also on 23 July 1991. 4. Documents in the applicant's military personnel record consistently show his name as "Corey D___ S____" throughout the period of his service. 5. A DD Form 214 shows the applicant entered active duty on 23 July 1991, was honorably released from active duty on 19 July 1995 based on completion of required active service, and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 3 years, 11 months and 27 days of net active service this period. It also shows in: * item 1 (Name: Last, First, Middle): "S____, Corey D___" * item 21 (Signature of Member Being Separated), the applicant's signature (i.e., "Corey D. S____") 6. USAR Personnel Command, St. Louis, MO, Orders D-12-881251, dated 29 December 1998, honorably discharged the applicant from the USAR effective 29 December 1998. The orders shows his name as "S____, Corey D___." 7. In support of his application the applicant provides the following documents. a. State of Louisiana, Certificate of Live Birth, that shows the applicant was born in 1973 and his birth name is "S____, Cory D___." b. Social Security card issued to him on 27 June 2014 with his birth name; "Cory D___ S____". c. State of Louisiana, Chauffeur's License, issued on 16 July 2013, with the name "S___, Cory D___." 8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. b. The instructions show for item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, the name recorded in his military service records should be corrected to show his birth name because the name recorded in his records is incorrect. 2. The evidence of record shows that upon enlistment in the U.S. Army the applicant's name was recorded in his military records as "Corey D___ S____." At that time, the applicant indicated that he chose to use that name rather than his birth name (i.e., "Cory D___ S____"). 3. The applicant's military service records clearly show his preferred name and that he signed numerous documents using that name. In addition, the applicant's preferred name was consistently recorded in his official military service records, including on his DD Form 214 when he was released from active duty and when he was discharged from the U.S. Army. 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in his official military service records. 5. 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 that those records be changed. While it is understandable the applicant desires to now record his correct birth 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. 6. However, based on the evidence of record, the applicant's request for correction of his name has a degree of merit and it would be appropriate to issue a DD Form 215 (Correction of DD Form 214) correcting his DD Form 214 by adding his birth name to item 18 (Remarks) of the DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 to add to item 18 of his DD Form 214 the birth name shown on his birth certificate (e.g., REFERENCE ITEM 1: BIRTH NAME: S____, CORY D___). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to completely changing his name in his official military service records. _____________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) AR20150008267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008267 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1