IN THE CASE OF: 

		BOARD DATE: 14 May 2021

		DOCKET NUMBER: AR20210007605


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 4 November 1986 to show his current 
legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214
*	County Superior Court Decree, 3 October 1995

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(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 his name has legally changed.

3.  He enlisted in the Regular Army on 24 September 1981. His DD Form 4 (Enlistment/ 
Reenlistment Document – Armed Forces of the United States) shows his name as 
X____.

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows his name as 
X____.

5.  Headquarters, 24th Infantry Division (Mechanized), and Fort Stewart, Orders 208-25, 
28 October 1986, discharged him from active duty effective 4 November 1986. His 
name is shown as X____.

6.  He was discharged on 4 November 1986. Item 1 (Last Name – First Name – Middle 
Name) of his DD Form 214 shows his name as X____.


7.  The County Superior Court Decree, 3 October 1995, shows he legally changed his 
name from X____ to X____ effective that date.


BOARD DISCUSSION:

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

2.  The Board noted the applicant used the name recorded on his DD Form 214 
throughout his period of military service.  The Board found insufficient evidence that 
would support changing an entry on his DD Form 214 that accurately reflected the 
information available at the time the form was completed.  Based on a preponderance 
of evidence, the Board determined the applicant's DD Form 214 should not be amended 
to reflect his post-service name change.  

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


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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, U.S. 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 ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

3.  Army Regulation 635-5 (Separation Documents), 15 August 1979, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for 
preparation of the DD Form 214. The purpose of a separation document is to provide 
the individual with documentary evidence of his/her military service. It is important that 
information entered thereon is complete and accurate. All available records will be used 
as a basis for preparation of the DD Form 214, including the enlisted record brief and 
separation orders.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210007605


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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