ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  AR20170000694


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 10 February 1981, to show his name 
as “A_____, J_____ D______” vice “J_____, J_____ D______.” 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	Social Security Card
*	State Identification Card
*	DD Form 214

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 he has two last names and one is incorrect.

3. On 28 January 1980, the applicant enlisted in the Regular Army.  His DD Form 4 
(Enlistment/Reenlistment Document- Armed Forces of the United States) shows his 
name as “J_____, J_____ D_______.” 

4.  A review of his military records shows:

     a.	A DD Form 1966 (Application for Enlistment – Armed Forces of the United 
States), Section X (Statement of Name for Official Military Records), in item 48 reflect 
the following statements:

*	“IF THE PREFERRED ENLISTMENT NAME 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:”  The applicant entered the name  “J_____ D______ A_____”
*	“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 J_____ D______ J_____ 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 WHOSE 
NAME IS SHOWN IN BLOCK 2.”
*	“MY SOCIAL SECURITY ACCOUNT NUMBER REFLECTS THE NAME: 
J_____ D______ J_____”

5.  All other documents in his service record shows the name “J_____, J_____ 
D______.”

6.  On 10 February 1981, he was discharged.  His DD Form 214, item 1 NAME (Last, 
First, Middle) shows his name as “J_____, J_____ D______.”

7.  The applicant provides copies of the following documents:

*	social security card with his name listed as, “J_____ D______ A_____”
*	identification card with the name “A_____, J_____ D______”
*	DD Form 214

8.  Army Regulation 635-5 (Separation Documents), prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his preferred 
name under which he served, the name shown throughout is service records, the Social 
Security Card and the Identification card provided by the applicant.  The Board found no 
birth certificate to verify his birth name and the applicant provided no additional 
evidence for the Board to consider.  The Board found that the last name on the DD 
Form 214 reflected circumstances as they existed at the time of his separation.  Based 
on the preponderance of evidence, the Board determined that the applicant’s name on 
his DD Form 214 was not in error and found no injustice necessitating a correction to 
his record.  The Board advises the applicant that a copy of this decision will be placed in 
his official records to clarify the difference between the last name under which he 
served and the last name he uses today.

2. After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

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.


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 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)	AR20170000694
	
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