IN THE CASE OF:  

		BOARD DATE:  15 November 2017

		DOCKET NUMBER:  AR20160004881


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:  15 November 2017

		DOCKET NUMBER:  AR20160004881


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:  15 November 2017

		DOCKET NUMBER:  AR20160004881


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 N____-D_____ instead of N____.

2.  The applicant states he was legally adopted on 16 March 2009, as shown in his State of Indiana, County of Hamilton court order.  He would like to change all of his military records to his adopted name in accordance with his new birth certificate.

3.  The applicant provides:

* certified copy of original State of Mississippi Certificate of Live Birth, dated 19 March 2007
* Decree of Adoption, dated 16 March 2009
* State of Mississippi Certificate of Live Birth, dated 15 May 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 August 1985.

2.  The applicant provides a Decree of Adoption, issued by the State of Indiana on 16 March 2009, which shows a petition for adoption was approved and he was granted a name change, thereby changing his last name to N____-D_____.


3.  The applicant provides a copy of his certificate of live birth, issued by the State of Mississippi on 15 May 2009, which lists his last name as N____-D_____.

4.  A DD Form 214 (Certificate or Release or Discharge from Active Duty) for the period ending 31 July 2015, which was issued upon his retirement from the Army, shows his last name as N____.

5.  A review of the applicant's official military records reveals he served under the last name N____ throughout the entire period of his active duty service.  There is no evidence that shows he served under the last name as N____-D_____.

REFERENCES:

Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 the 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 service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION:

1.  The applicant was granted a legal name change on 16 March 2009.  Accordingly, his last name was changed from N____ to N____-D_____.

2.  The evidence of record shows the applicant served under the last name N____ throughout the entire period of his military service.  His record shows he continued to use the last name N____ after his legal adoption in 2009.

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.  

4.  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 difference in the last name recorded in his military records and the last name he now uses.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160004881



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160004881



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2