ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  26 August 2019

	DOCKET NUMBER:  AR20170010945


APPLICANT REQUESTS:

* correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change on all military records from “X____ X____” to “X____ X____" (the first name from X____ X____and the middle name from X____ X____and the last name from X____ to X____)
* correction of his religion to NIC (American Indian Church) 
* correction of his race to American Indian Cherokee

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Copy of Birth Certificate
* Tribal Records
* Church Membership Letter

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that he would like his legal name changed on all of his military documents from “X____ X____” to “X____ X____” (the first name from X____ to X____ and the middle name from X____ to X____ and the last name from X____ to X____).  He would also like his religion changed to NIC (American Indian Church) and his race changed to other: American Indian Cherokee.

3.  The applicant provides a copy of his birth certificate which shows his name as “X____ X____”.  A copy of his family tribal records that show he is a member of the Cherokee tribe.  An apostolic letter numbered 2016-012, attests the applicant’s membership in the Sacred Catholic Church of the East Ecclesiastical Sovereign Principality.  

4.  A review of the applicant’s service record shows the following:

	a.  He enlisted in the Regular Army (RA) on 2 September 1980.  His DD Form 4 (Enlistment or Reenlistment agreement) shows in Item 1 (Last Name, First Name, Middle), his last name as X____; his first name as X____; his middle name as X____ (the contested name). 

	b.  He served in Germany from 23 September 1982 to 10 July 1984.  His DD Form 2-1(Personnel Qualification Record – Section 1) show that item 1(Name) his last name as X____, his first name as X____, and his middle name as X____ (the contested name).

	c.  He was released from active duty on 27 August 1984.  His DD Form 214 shows in block 1 (Last Name, First Name, Middle), the last name as X____, his first name as X____, and his middle name as X____ (the contested name).  His DD Form 214 does not reflect his religious denomination or race.

	d.  There is no evidence in the available records and he provides none to show he used the requested name at any time during his military service (X____ X____ X____).

	e.  Orders D-08-063708, dated as 27 August 1986, discharged the applicant from the USAR and shows the last name as X____, his first name as X____, and his middle name as X____.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  

	a.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any.

	b.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation, such as the DD Form 214.  



BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice.  The applicant used the contested name during his period of service, and former service members’ religions are not updated on separation documents nor within the record.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

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. 

The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his legal name documented in his military records.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




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.
	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, 
prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  

	a.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any.

	b.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170010945
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