IN THE CASE OF:  

		BOARD DATE:  2 July 2020

		DOCKET NUMBER:  AR20200000932


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty), show his current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Court Order, dated 20 December 2002
*	DD Form 214

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in section 1552(b); however, the ABCMR 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 enlisted in the Regular Army on 31 July 1972 and was honorably 
discharged on 25 September 1975.  His DD Form 214 reflects the contested name.

3.  The applicant provides a court order, dated 20 December 2002, wherein his name is 
changed from the contested name to his current legal name, after the period of his 
military service. 

4.  Army Regulation 635-5 (Separation Documents), dated 23 May 1972, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214.  For item 1, enter name in all capital letters.  Include 
"Jr,"Sr," or "II" when needed, at the time of separation.  This regulation also states that 
the purpose of the separation document is to provide the individual with documentary 
evidence of his or her military service at the time of release from active duty, retirement, 
or discharge.


5.  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

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the date of his separation and the date (post-service) of his court-ordered name 
change. The Board found no evidence of the applicant’s requested name in any of his 
service records.  Based on a preponderance of evidence, the Board determined that the 
name reflected on the applicant’s DD Form 214 was not in error or unjust.  

2.  The applicant is advised that a copy of these proceedings will be placed in his official 
records to clarify the difference between the name in his records and the name he is 
known by today.

3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

:     	:	:	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.

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REFERENCES:

Army Regulation 635-5 (Separation Documents), dated 23 May 1972, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214.  For item 1, enter name in all capital letters.  Include 
"Jr,"Sr," or "II" when needed, at the time of separation.  This regulation also states that 
the purpose of the separation document is to provide the individual with documentary 
evidence of his or her military service at the time of release from active duty, retirement, 
or discharge.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000932


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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