BOARD DATE:  24 October 2018

		DOCKET NUMBER:  AR20170004637


BOARD VOTE:

_________  _______  ________  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:  24 October 2018

		DOCKET NUMBER:  AR20170004637


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 military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in the name he now uses and the name under which he served.



                                    _____________x____________
                                                CHAIRPERSON

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.



		 

		BOARD DATE:  24 October 2018

		DOCKET NUMBER:  AR20170004637


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) to show his name as "A__-K__ E__ M__" instead 
of "G__ E__ M__."

2.  The applicant states, in effect, his DD Form 214 does not correctly reflect his 
name.

3.  The applicant provides:

*	Order Granting Leave to Change Name
*	Social security card
*	2 DD Forms 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 Regular Army (RA) on 28 July 1980.  Item 1 
(NAME) (Last – First – Middle – Jr – Sr – etc.) of his DD Form 4/1 
(Enlistment/Reenlistment Document - Armed Forces of the United States) shows 
his name as "M__, G__ E__."  He signed this document with the same name.

3.  Every document in the applicant's Military Personnel Records Jacket (MPRJ) 
shows his name as "G__ E__ M__."  There is no evidence in his MPRJ that he 
ever used the name "A__-K__ E__ M__" during his enlistment.   

4.  The applicant was honorably released from active duty on 19 January 1982.  
Item 1 (NAME) (Last, First, Middle) of his DD Form 214 shows his name as " 
M__, G__ E__."  

5.  The applicant provides documents, to include his social security card, 
showing his name as "A__-K__ E__ M__." 

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or 
release from active military service or control of the Army.  It states 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:

Upon his enlistment in the RA on 28 July 1980, the applicant used the name 
"G__ E__ M__."  There is no evidence in his MPRJ that he ever used the name 
"A__-K__ E__ M__" during his enlistment.  The DD Form 214 reflects his name 
of record at the time of his separation.



//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20170004637


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20170004637


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2