BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160012550 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: 2 May 2018 DOCKET NUMBER: AR20160012550 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20140019829, dated 30 June 2015. _____________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: 2 May 2018 DOCKET NUMBER: AR20160012550 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 reconsideration of his earlier request to correct his military records to show his last name as S____. 2. The applicant states: * his mail arrives under the last name S____ * his father's last name is S____ * his birth last name is S____ * he changed his last name in civil court in New York 3. The applicant provides the first page of an undated petition to change his name. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140019829 on 30 June 2015. 2. The applicant's contentions are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant's complete military records are not available for review. 4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows: * his last name as O____ * he entered active duty on 17 January 1979 * he was honorably released from active duty on 16 January 1982 for completion of required service 5. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he enlisted in the Virginia Army National Guard on1 February 1982 and he was honorably discharged on 28 November 1984. This form shows his last name as O____. 6. All of the available service records show his last name as O____. 7. On 30 June 2015, the ABCMR denied his request to change his last name to S____. In his original application, he provided a copy of his birth certificate showing his last name as S____. 8. He provided the first page of an undated petition for change of name in the Civil Court of the City of New York, County of Kings. He requested his last name be changed from O____ to S____. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time of his release from active duty, 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 release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant contends his military records should show his last name as S____ instead of O____. 2. Although his birth certificate shows his last name as S____ and he petitioned to change his last name to S____ (date unknown), it appears he enlisted under the last name O____ and this last name was used exclusively during his military service. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012550 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012550 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2