BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150016482 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150016482 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Forms 214 for the periods ending 7 July 1990 and 4 February 1991 with the name shown as the new name shown on his social security card. No entries should be made on the reissued DD Form 214 referencing the name under which he served. _____________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: 28 February 2017 DOCKET NUMBER: AR20150016482 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 DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending on 7 July 1990 and 4 February 1991 as follows: * full name from "Pa-- Ma-- By--" to "Jo-- Pa-- Sm--" * social security number (SSN) from "394-xx-xxxx" to "778-xx-xxxx" 2. The applicant states he underwent a complete lawful identity change in 2015. The change was due to multiple death threats and harassments stemming from a career as a special undercover agent. He has lawfully changed his name and his SSN. His court records are sealed. 3. The applicant provides: * DD Forms 214 for periods ending 7 July 1990 and 4 February 1991 * 1995 Honorable Discharge Certificate * Ranger, Airborne, and Scout Swimmer Course Diplomas * Certificate of Promotion * Congressional correspondence * Court order related to sealing records in Yavapai County, AZ * Court order related to changing name of an adult * Reissued Department of Veterans Affairs Card * Reissued social security card * Reissued Driver License CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 8 July 1986 for a 4-year term. His DD Form 4 (Enlistment/Reenlistment Document) and all allied documents listed his full name as "Pa-- Ma-- By--" and his SSN as "394-xx-xxxx." The recruiter verified this name and SSN and the applicant authenticated his enlistment contract with this name. 2. The applicant's DA Form 2A (Personnel Qualification Record- Part I) and DA Form 2-1 (Personnel Qualification Record-Part II), which were created upon his entry on active duty, listed his full name as "Pa-- Ma-- By--" and listed his SSN as "394-xx-xxxx." 3. All documents in his service record during this period of enlistment show the full name and SSN that are listed on his DD Form 214. These documents include: * DD Form 93 (Record of Emergency Data) * Servicemembers Group Life Insurance Election Certificate * Multiple course diplomas * Promotion orders and/or certificate * Certificate of Clearance and/or Security Determination * Application for Identification Card * Assignment, reassignment, and separation orders 4. The applicant was honorably released from active duty on 7 July 1990 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 for this period of service shows in item 1 (Name (Last-First-Middle)) "Pa-- Ma-- By--" and item 3 (SSN) shows his SSN as "394-xx-xxxx." 5. On 31 January 1991, he entered active duty from the USAR. However, he was honorably released from active duty 4 days later on 4 February 1991. His DD Form 214 for this period of service shows his full name in item 1 (Name (Last-First-Middle)) as "Pa-- Ma-- By--" and item 3 (SSN) shows his SSN as "394-xx-xxxx." 6. He provides a reissued social security card, VA card, and State driver license, listing his new name as ("Jo-- Pa-- Sm--") and reissued SSN as "778-xx-xxxx". He also provides: a. Court order, issued by the Superior Court of the State of Arizona, Yavapai County, dated 28 April 2015, authorizing his name change to "Jo-- Pa-- Sm--." b. A motion to the Superior Court of the State of Arizona, Yavapai County, dated 31 March 2015, requesting the sealing of his records and an order from that court, dated 4 May 2015, ordering the sealing of his records. REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The evidence of record shows upon the applicant’s enlistment in the RA, he listed the name and SSN as it is listed on his DD Form 214. This full name and SSN are consistent with the full name and SSN on all documents in his service record, during both periods of service. He authenticated several documents by placing his full signature in the appropriate block indicating that his name and SSN were correctly listed. 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 that those records be changed. 3. In the past the ABCMR has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created. The underlying reasoning has been that a post-service name and/or change does not retroactively create an error on the DD Form 214. This is still true; however, in some cases, unique individual circumstances may warrant reissuing a DD Form 214 to reflect a post-service name change. 4. The applicant provided evidence confirming his name and SSN have changed and that the court records related to his name change are sealed. He states he changed his identity, including his name and SSN, due to multiple death threats and harassment stemming from a career as an undercover special agent. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016482 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2