BOARD DATE:  28 August 2020

		DOCKET NUMBER:  AR20200002417


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) to show his name as "Rxxxxx Cxxx" 
(hereinafter the requested name) instead of "Rxxxxx Kxxxxx" (hereinafter the contested 
name).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Individual Name Change Order, dated 23 May 2000

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, 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 states he received a legal name change.

3.  The applicant enlisted in the Regular Army on 30 November 1966.

4.  He was honorably released from active duty on 12 December 1969.  Item 1 
(Last Name, First Name, Middle Name) of the DD Form 214 he was issued lists the 
contested name.

5.  The applicant provides an Individual Name Change Order entered in a civil court, in 
2000, which changed his name to his current name.

6.  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.  Item 1 states to transcribe the name 
at the time of separation from applicable documents.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board found no evidence indicating the applicant served under any name other 
than the name recorded on his DD Form 214.  The Board found the applicant's name 
change many years after his service to be insufficient as a basis for changing the name 
recorded on his DD Form 214.  The Board determined the name recorded on his DD 
Form 214 is not an error or unjust.  

3.  The applicant is advised that a copy of these proceedings will be filed in his Official 
Military Personnel File, which should serve to explain the difference in the name under 
which he served and the name he now uses.

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.

		 X____________________

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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It states 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.  Item 1 states to transcribe the name at the time of separation from 
applicable documents.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002417


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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