BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160001776 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: 27 July 2017 DOCKET NUMBER: AR20160001776 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: 27 July 2017 DOCKET NUMBER: AR20160001776 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 last name as C____. 2. The applicant states the recruiter did not use the proper paperwork for a name change. The name difference is affecting his credit, burial, insurance, and housing. 3. The applicant provides: * birth certificate * social security card 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. The first page of the applicant's DD Form 1966 (Application for Enlistment – Armed Forces of the United States) is not available for review. a. Section VIII (Statement of Name for Official Military Records), item 48 (Name Change), of his DD Form 1966 states, "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 number card, complete the following:" (1) NAME AS SHOWN ON BIRTH CERTIFICATE. The applicant entered the last name C____. (2) NAME AS SHOWN ON SOCIAL SECURITY NUMBER CARD. The applicant entered the last name C____. b. This section of his DD Form 1966 also states, "I hereby state that I have not changed my name through any court or legal procedure; that I prefer to use the name of M____ K____ W____ 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." He signed this form using the last name W____. 4. He enlisted in the U.S. Army Reserve on 18 July 1988 for a period of 8 years. Item 1 (Name – Last, First, Middle) of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 18 July 1988, shows his last name as W____. He signed this form using the last name W____. 5. He was discharged from the U.S. Army Reserve on 12 September 1988 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 13 September 1988 for a period of 4 years. He was honorably released from active duty (REFRAD) by reason of convenience of the government (Fiscal Year 1992 Early Transition Program) on 1 July 1992. 6. Item 1 (Name – Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his last name as W____. 7. All of his service personnel records show his last name as W____. 8. He provided his birth certificate and social security card showing his last name as C____. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time of his REFRAD, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated 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 REFRAD, retirement, or discharge. DISCUSSION: 1. Although the applicant's birth certificate and social security card show his last name as C____, the evidence of record shows he enlisted under the last name W____ in July 1988 and formally declared he preferred to use the last name W____. This last name was used exclusively during his military service. His DD Form 214 shows this last name when he was REFRAD in July 1992. 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. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the last name recorded in his military records and to satisfy his desire to have the last name as shown on his birth certificate and social security card documented. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2