ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:	29 March 2019
DOCKET NUMBER: AR20170007105


APPLICANT REQUESTS: correction to item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective date 27 August 1974, to change his name to read "X____ X. x____" instead of " X____ X. X____."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* Birth Certificate
* Social Security Card
   * Wisconsin (WI) Identification (ID) 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, in effect, he request his name to be changed on his DD  Form 214.  He has provided the following documents to verify his correct name.

* Birth Certificate
* Social Security Card
* Wisconsin (WI) Identification (ID)

3. The applicant's DD Form 214 for the period 30 November 1973 through 27 August 1974, and all the other official records and documents in his military record show his name as " X____ X. X____." These documents include but are not limited to the below records:

* DD Form 398 (Statement of personal History, dated 29 November 1979
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 30 November 1973
* 

* Standard Form 88 (Report of Medical Examination, dated 30 November 1973
* Standard Form 93 (Report of Medical History), 30 November 1973
* DD Form 1584 (National Agency Check Request), dated 3 December 1973
* DA Form 428 (Application for Identification Card), dated 5 December 1973
* DA form 20 (Enlisted Qualification Record), dated 6 December 1973

4. His military record is void of evidence, which shows his name listed as " X____ X. X____."

5. The applicant does not provide evidence to support his request for correction of his record.  His request for correction of his DD Form 214 is void of attachments.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not appropriate. Based upon all records within the military service record showing the name “X____ X. X____,” the Board found no injustice or correction that would require fixing.

BOARD VOTE:


Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
ADL:
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 last name recorded in his military records and the last name he currently uses.
4/3/2019
X 

CHAIRPERSON
Signed  by: 
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) establishes the policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.