ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD 
OF PROCEEDINGS

IN THE CASE OF: 

BOARD DATE: 2 December 2020 
DOCKET NUMBER: AR20200002493

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his last name as X instead of x.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
   *	Court Order
   *	Letter from the Social Security Administration (SSA)
   *	Letter from the Department of Veteran Affairs Health Care System
   *	Name Change Request Form
   *	Driver's License 
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 had a recent name change.

3.	The applicant enlisted into the Regular Army on 13 June 1986. His DD Form 4/1 
(Enlistment/Reenlistment Document) show his last name as x.

4.	The following documents in the applicant's shows the applicant's last name as 
x:

*	DA Form 2-1 (Personnel Qualification Record)
*	DA Form 1695 (Oath of Extension of Enlistment)
*	DA Form 2171 (Request for Tuition Assistance Army Continuing Education 
System)
*	DD Form 93 (Record of Emergency Data)




5.	The applicant was discharged under honorable conditions on 27 October 1988. His 
DD Form 214 shows his last name as x.

6.	The applicant provides a Court Order, filed on 5 December 2019, changing his last 
name to X. He also provides a copy of his driver's license showing his last name as 
X.

7.	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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted. The Board carefully considered the applicants request, supporting 
documents and evidence in the records. The Board considered the applicant’s 
statement, his military service record and documents provided by the applicant. 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 entire 
period of service. 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
XXX
XXX
XXX
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	
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.

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), 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 (Certificate of 
Release or Discharge from Active Duty). 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 (Name (Last, First, Middle)) stated to enter the last name, first 
name, and full middle name or names, if any.

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