ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 January 2019 DOCKET NUMBER: AR20160014041 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as XXX X__ instead of X__ X. X__. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Social Security Card FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 is shown as X__ X. X_ on his social security card. 3. The applicant provides his social security card, which shows his name as X__ X. X__. 4. A review of the applicant’s service records shows the following: a. On 24 June 1977, he enlisted in the Regular Army. b. The following documents show his name as X__ X. X__: * DD Form 1966 (Application for Enlistment – Armed Forces of the United States) * DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) * DA Form 2-1 (Personnel Qualification Record – Part III) * DD Form 214 c. Item 23 of his DD Form 1966 shows if preferred enlistment name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following: Name as shown on birth certificate: he lined through the entered name X__ X. X__ and entered the name X_ X. X-X__. d. On 17 December 1984, he was honorably released from active duty. 5. By regulation, DD Form 4, and DA Form 2-1 are basic source documents for preparing the DD Form 214. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. BOARD DISCUSSION: After reviewing the application and all supporting evidence, to include his statement, the Board determined the applicant knowing elected to have his military records reflect the name as reflected on a DD Form 1966. For that reason, the Board found no error or injustice was present. 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. 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, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that are furnished to individuals who are retired, discharged, or released from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Separation documents provide the recipient with a record of their military service. Source documents for preparing the DD Form 214 include: * DA Form 201 (Military Personnel Records Jacket) * DA Form 2-1 (Personnel Qualification Record) * Separation orders * DD Form 4/4 (Enlistment/Reenlistment Documents – Armed Forces of the United States) * DA Form 3716 (Personnel Financial Record, U.S. Army) * Enlistment records and DD Forms 214 for prior service personnel * Any other available records ABCMR Record of Proceedings (cont) AR20160014041 4 1