ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 

	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20160016944


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 "XXXX" 
instead of " XXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	State of Texas Certification of Vital Record – Certificate of Birth

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 an amendment to his certificate of birth. 

3.  Prior to the applicant's enlistment in the Regular Army, he signed a DD Form 398 
(Statement of Personal History) that listed the spelling of his first name as "XXXX" on 13 
March 1967.  

4.  The applicant enlisted in the Regular Army on 5 June 1967.  His DD Form 4 
(Enlistment Record – Armed Forces of the United States) shows he identified his first 
name as "XXXX" and he signed his name the same way on the document. 

5.  The applicant was honorably released from active duty on 4 June 1970.  Item 1 (Last 
Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his first 
name as "XXXX."  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 "XXXX" throughout his military service. 

7.  The applicant provides a Certificate of Birth, issued 4 May 2015 that shows an 
amendment to his birth certificate that corrects his first name from "XXXX" to "XXXX."

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, in item 1 at the time of 
separation.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon a review of all documents within the military 
service record showing the same name throughout the entire military service, including 
documentation that was signed by the applicant, the Board recommended the 
requested relief be denied.

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.  A copy of this decisional document will be filed in the applicant's official military 
personnel file.  This should serve to clarify any questions or confusion about the 
difference in the first name recorded in his military records and that recorded on his 
certificate of birth.  


SIGNATURE:

	  
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 (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)	 AR20160016944

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