BOARD DATE:  15 March 2018

		DOCKET NUMBER:  AR20160006325


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: X	:X	:X	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




		
		BOARD DATE:  15 March 2018

		DOCKET NUMBER:  AR20160006325


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents 
provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release 
or Discharge from Active Duty), for the period ending May to show his last name 
as "Xxxxxxxx" instead of "Xxxxxxx."

2.  The applicant states he believes his last name is incorrectly recorded on his  
DD Form 214.  He did not have his birth certificate when he joined the Army; his 
recruiter used his public school record, which had his last name listed as 
"Xxxxxxx" not "Xxxxxxx."  "Xxxxxx" was his mother's married name; "Xxxxxxxx" is 
his mother's maiden name and his last name by birth.    

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of 
Military Records (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.  While it appears the applicant did not file within the time frame 
provided in the statute of limitations, the ABCMR has elected to conduct a 
substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant's failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute 
of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program 
(USAR DEP) on 24 February 1981, using the last name "Xxxxxxx."  Section X 
(Statement of Name for Official Military Records) of the applicant's  
DD Form 1966 (Record of Military Processing – Armed Forces of the United 
States), contains the following language:


IF THE PREFERRED ENLISTMENT NAME (name given in block 
2) IS NOT THE SAME AS ON YOUR BIRTH CERTIFICATE AND 
IT HAS NOT BEEN CHANGED BY LEGAL PROCEDURE 
PRESCRIBED BY STATE LAW, COMPLETE THE FOLLOWING:


a. ___________________________________________________
(Enter name as shown on your Birth Certificate)

b.  I HEREBY STATE THAT I HAVE NOT CHANGED MY NAME 
THROUGH ANY COURT OR OTHER LEGAL PROCEDURE, 
THAT I PREFER TO USE THE NAME OF

 ____________________________________________ BY 
WHICH I AM KNOWN IN THE COMMUNITY AS A MATTER OF 
CONVENIENCE AND WITH NO CRIMINAL INTENT.  I FURTHER 
STATE THAT I AM THE SAME PERSON AS THE PERSON 
WHOSE NAME IS SHOWN IN BLOCK 2.

c.  MY SOCIAL SECURITY ACCOUNT NUMBER REFLECTS THE 
NAME:


3.  The applicant provided the following responses:

	a.  In response to subparagraph 2.a. above, he entered "Xxxxxxxxx 
Xxxxxxxx";

	b.  In response to subparagraph 2.b. above, he entered "Xxxxxxxx Xxxxxxx"; 
and

	c.  In response to subparagraph 2.c. above, he entered "Xxxxxxxx Wxxxxxx." 
 
4.  The applicant entered the Regular Army on  March  using the last name 
"Xxxxxxx."

5.  The applicant was honorably discharged on May.  His DD Form 214 shows 
his last name as "Xxxxxxx."  

6.  The applicant's record is void of evidence that shows he used a last name 
other than "Xxxxxxx" during his period of active service.

REFERENCES:

Army Regulation 635-5 (Separations Documents), in effect at the time of the 
applicant's active duty service, 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 the preparation of the 
DD Form 214.  It stated 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.

DISCUSSION:

1.  The applicant formally requested to use the last name of "Xxxxxxx" when he 
contracted to join the USAR DEP.  He subsequently enlisted in the Regular Army 
under the name "Xxxxxxx."    

2.  The documents contained in the applicant's military record, including the 
documents he signed, reflect his last name as "Xxxxxxx."    

3.  It appears the last name "Xxxxxxx" was recorded as his preferred name upon 
his enlistment and throughout his period of active military service.  It further 
appears he did not use the requested name at any time during his period of 
military service, aside from its inclusion in Section X of his initial DD Form 1966.  
In spite of his birth name appearing in this section, he stated his intention to enlist 
and be known by another name – the name under which he served.  

4.  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. 

6.  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 birth name documented in his military records.


		BOARD DATE:  15 March 2018

		DOCKET NUMBER:  AR20160006325


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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006325


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160006325


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2