ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	
	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20170005655

APPLICANT REQUESTS:  his last name be corrected on his DD Form 214 
(Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Minnesota Driver’s License
*	U.S.A. Passport

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 last name was spelled incorrectly on his DD Form 214 
and he did not notice it until his wife pointed it out.  He is currently working for 
Department of Veteran’s Affairs and will need it corrected for retirement purposes.  
The last name was spelled with an “X” instead of an “X”.

3.  The applicant provides two forms of identification, his driver’s license and 
passport.

4.  A review of the applicant’s service record shows:

a.	He enlisted in the Regular Army on 21 September 1983.

   b.  His DD Form 4 (Enlistment/Reenlistment Document) had his name spelled 
correctly, along with most documents in his service record.

   c.  He was honorably discharged from active duty on 3 August 1991.  His DD 
Form 214 shows he completed 7 years, 10 months, and 12 days of active service.  It 
also shows:
*	Block 1 (Last, First, Middle) – Last name incorrectly spelled with an “X”
*	Block 21 (Signature of Member Being Separated) – Soldier Not Available 
to Sign

5.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period 
of continuous active duty.  It provides a brief, clear-cut record of all current active, 
prior active, and prior inactive duty service at the time of release from active duty, 
retirement, or discharge.  The information entered thereon reflects the conditions as 
they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
relief was warranted.  The applicant’s contentions were carefully considered.  
Evidence of record shows he used the name he contends is correct during his period 
of service.  The Board agreed the separation document was completed erroneously.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

      BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending his DD 
Form 214 for the period ending 3 August 1991 by showing the name listed on his 
U.S. Passport.

	  
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) states the DD Form 214 is a 
summary of the Soldier's most recent period of continuous active duty.  It provides a 
brief, clear-cut record of all current active, prior active, and prior inactive duty service 
at the time of release from active duty, retirement, or discharge.  The information 
entered thereon reflects the conditions as they existed at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170005655

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