IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004742 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 IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004742 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. IN THE CASE OF BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004742 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 name as “Mxxx R. Gr____” instead of Mxxx R. Ga____.” 2. The applicant states: a. He requests a letter of authorization to update his name with the Department of Veterans Affairs (VA), Tricare, Delta Dental, his United States Passport, and other records. This is a restoration of his identity, not a change. b. His recruiter explained during the enlistment process there was an issue with his name. He was seventeen at the time of his enlistment. His step-father did not adopt him and his real father could not be located at the time. His mother consented to him using his step-father’s name, and the recruiter stated there was a way to get around the problem, by filling out a form to use an alias. During the second year of his enlistment the Social Security Administration sent his commander a letter stating the Army did not have the authority to change his name. c. He has to explain this dual name issue to the VA to obtain education benefits. 3. The applicant provides photocopies of: * page 8 of a DD Form 1966 (Application for Enlistment) * two social security cards * two driver’s licenses * first page of his 2015 Individual Income Tax Return * Official Voter Information Card * Amateur Radio License from the Federal Communications Commission 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 1966/8 (Application for Enlistment) shows in: a. Section IX (Parental/Guardian Consent for Enlistment), item 46, his mother consented to his enlistment in the Army under the name Mxxx R. Ga____. It further shows in item 47 that his parents were divorced and his mother had legal custody. His biological father’s whereabouts were unknown. b. Section X (Statement of Name for Official Military Records, in item 48, if the preferred enlistment name given in block 2 of the form is not the same as on his birth certificate and it has not been changed by legal procedure prescribed by state law, enter name as shown on your birth certificate, the form shows “Mxxx Gr____” was entered. It further shows the preferred name to be used was “Mxxx R. Ga____.” This document states his social security number reflected the name “Mxxx R. Gr____.” 3. The applicant enlisted in the Regular Army (RA) on 25 September 1979. 4. He served in a variety of stateside and overseas assignments and he was promoted to the rank sergeant major (SGM). All documents in his records, including evaluation reports, promotion orders, assignment/reassignment orders, and awards reflect his full name as “Mxxx R. Ga____." 5. He retired on 31 May 2006 and he was placed on the retired list in his retired rank of SGM on 1 June 2006 in the name of “Mxxx R. Ga____.” His retirement orders and DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service listed his full name as "Mxxx R. Ga____.” 6. He provides in support of his case: * page 8 of his DD Form 1966, described above * two social security cards that show the two different names * two driver’s license from the State of Virginia and Florida that show the two different names * first page of his 2015 Individual Income Tax Return that lists his name as “Mxxx R. Ga____” * 2012 Official Voter Information Card that lists his name as “Mxxx R. Gr____” * Amateur Radio License that list his name as “Mxxx R. Gr____” REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, 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. It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION: 1. The evidence of record shows the applicant served his entire career under the full name of "Mxxx R. Ga____." This name is consistent with the name on all documents in his official record during this period of service. He did not use the name of "Mxxx R. Gr____" at any time during his period of service. 2. The evidence of record further shows the applicant’s mother consented to the preferred use and enlistment under the full name of "Mxxx R. Ga____." He did not use any other name during his service. 3. 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. The applicant's records reflect the name he used during his active service. There is no evidence that he used a name other than "Mxxx R. Ga____" during his service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004742 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004742 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2