ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


			BOARD DATE:  28 February 2020

			DOCKET NUMBER:  AR20170005588


APPLICANT REQUESTS:  correction of his records, to show his name as Name  
instead of Name 

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)

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 (ABCMR) 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 social security number is tied to the name he requests.  He 
claims he cannot take advantage of various benefits provided to veterans, such as 
discounts, etc.

3.  The applicant's complete military record is not available to the Board for review.  A 
fire destroyed approximately 18 million service members' records at the National 
Personnel Records Center (NPRC) in 1973.  It is believed that his records were lost or 
destroyed in that fire.  However, there were sufficient documents on file for the Board to 
conduct a fair and impartial review of this case.  This case is being considered primarily 
using his NA Form 13038 (Certification of Military Service) and documents provided by 
the NPRC.

4.  His NA Form 13038 states he was inducted into the Army of the United States on     
9 September 1952, under Name Y.

5.  His record contains a copy of an undated note from the applicant, which states he 
legally changed his name to Name Y for many years since 1955; however, during his 
service, his name was Name X.

6.  The applicant was honorably discharged on 5 August 1954, under Name X.
7.  The applicant's military record did not contain any official documentation and he did 
not provide any official documentation that shows the name he now requests.  

8.  The DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) 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.  Item 1 (Last Name - First Name - Middle 
Name) states to transcribe the name at the time of separation from applicable 
documents.

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 record of 
service, the belief that his records were lost or destroyed in the fire at the personnel 
records center, the available orders and the certificate of military service showing his 
name while in service.  The Board considered the applicant’s statement regarding a 
post-service name change, but found the applicant provided no additional evidence of 
that change.  The Board did not find sufficient evidence to show the name of record on 
the service documents was not representative of the circumstances as they existed at 
the time of his service.  Based on a preponderance of evidence, the Board determined 
that the name shown for the applicant upon separation was not in error or unjust.

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 
about the difference in the name recorded in his military records and the name he goes 
by today. 

3.  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.















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 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), 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.  Item 1 states to transcribe the name at the time of separation from 
applicable documents.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170005588

4

1