ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20180012726 APPLICANT REQUESTS: his name to be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored Statement * DD Form 214 * Certificate of Adoption and Court Ordered name change (Anderson) * Letter from the Department of Public Health (vital records) * Letters of Response from a member of congress * Reference Letters from Lawrence Investigations * Court ordered name change (Collucci) 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 he would like his name changed on his DD Form 214, because he assumed his birth name, not knowing he was adopted until he applied for a U.S. Passport. That is when he decided to legally change his name. 3. The applicant provides: a. A self-authored letter stating he assumed his birth name not knowing he had been adopted until he applied for a U.S. Passport. At that point, he legally changed his name to P----- A---- Co----. When he enlisted, he thought it was with the Regular Army and was devastated to learn that it was with the Illinois National Guard. After returning from training, he did not have anywhere to go. He begged to be sent back to active duty and explained his adoptive family was volatile and hostile. After a month, he was told there was nothing that could be done for him. b. In addition, he assumed his father’s last name and never gave it much thought. It was not until he applied for a U.S. Passport that he discovered that due to his adoption, he was issued a new birth certificate with his adoptive name and information about his birth parents were eliminated. As a result, he hired a private investigator and an attorney to make the name change official. c. Furthermore, he was a scared and dumb kid when he enlisted and trusted those in charge, but was also proud to serve. When he was sent back to Chicago, it was a dark pit for him. He is not asking for any benefits, special privileges or such. He is just asking for the name change on a document to show he served, as well as to prove to the Passport Services that he is a U.S. citizen. Illinois refuses to correct the adoptive birth certificate. d. DD Form 214, period ending 25 November 1980, which shows his name in Item 1, as A----, P---- R----. e. Certificate of Adoption, showing his name as P---- R---- A----. f. Court order granting the adoption, showing his name as P---- R---- A-----. g. A Letter from the Department of Public Health stating the record of P---- A---- Co- -- is the only record the Division of Vital Records has on file. h. A letter from a congressman stating he contacted the Philadelphia Passport Agency and they found no reason why he should not be able to apply for a passport. i. Four letters from DH, LS, FG and JD stating they knew the applicant throughout different periods of his life. j. A court order changing the applicant’s name from his adoptive name which was P- --- R---- A----, to P---- A---- Co---. 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard on XX June XXXX. His DD Form 4 (Enlistment/Reenlistment Document) shows his name in item 1 as A----, P---- R----. He entered active duty on X August XXXX for training. b. His DA Form 2-1 (Personnel Qualification Record), shows his name in item 1, as A----, P---- R----. c. He was released from active duty on 25 November 1980 to the control of the Illinois Army National Guard. 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. 6. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board determined that the name change of the applicant occurred 8 years after his military service was completed. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for the requested change. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in his name recorded in his military record and the name currently being used by the applicant. 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: 1 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. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012726 4 1