ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 February 2019  

	DOCKET NUMBER:  AR20160015485


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the spelling of his first name as "XXX 
instead of "XXXXXXX." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	USA - Department of Justice Certificate of Naturalization, dated 16 September 
1982 with note on back of certificate

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 requests to obtain a copy of his DD Form 214 with the correct spelling 
of his name due to his first name being changed as part of his Naturalization.   

3.  The applicant was inducted in the Army on the United States (AUS) on 16 June 
1966.  His DD Form 47 (Record of Induction) shows he identified his first name as 
"XXXXXXX." 

4.  After the applicant's induction in the AUS, he signed a DD Form 398 (Statement of 
Personal History) that listed the spelling of his first name as "XXXXXX" on                      
21 June 1966.

5.  The applicant was honorably released from active duty on 15 June 1968.   
Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of 
his first name as "XXXXXXX."  He signed his name the same way on the document.  

6.  A review of his official military personnel file revealed all documents showing his first 
name was spelled consistently as "XXXXXX" throughout his military service.
7.  The applicant provides a Certificate of Naturalization, which shows as part of his 
Naturalization conducted in the U.S. District Court of , on 16 September 1982 
that his first name was changed to "XXX." 

8.  Army Regulation 635-5 (Separation Documents), dated 1 February 1967, directed to 
enter the last name, first name, and full middle name or names, if applicable, in item 1 
at the time of separation.  

BOARD DISCUSSION:

1.  The Board considered the applicant’s request with all supporting documents, 
evidence in the service record and applicable policies and guidance.  The applicant 
does not dispute that the name as currently reflected on his DD Form 214 is the name 
he used and was identified by during his time in the Army.  His request is based upon 
the fact that after he left the Army in 1968, his Certificate of Naturalization, which shows 
as part of his Naturalization conducted in the U.S. District Court of , on                     
16 September 1982, that his first name was changed to "Mel."  

2.  The Army, like all military services, has a compelling interest in maintaining the 
historical accuracy and integrity of the records memorializing the performance and 
personnel data of the men and women who served in the Army.  All records of the 
applicant were consistent with the name as it appears on his DD214.  

3.  The applicant is advised that a copy of this decisional document will be filed in his 
official military personnel file.  This should serve to clarify any questions or confusion in 
regard to the difference in the first name recorded in his military record and the first 
name shown on his Certificate of Naturalization.    

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:

1.  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.

2.  The applicant is advised that a copy of this decisional document will be filed in his 
official military personnel file.  This should serve to clarify any questions or confusion in 
regard to the difference in his first name recorded in his military record and the first 
name shown on his Certificate of Naturalization.


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 (Separation Documents), dated 23 January 1967, prescribes 
the separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  It establishes standardized policy for 
the preparation of the DD Form 214.  For item 1, enter last name, first name, and full 
middle name or names, if any at the time of separation.  

ABCMR Record of Proceedings (cont)	 AR20160015485

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