BOARD DATE:  24 October 2018

		DOCKET NUMBER:  AR20170007308


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:  AR20170007308


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:  AR20170007308


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 "" instead of 
"."

2.  The applicant states he completed a legal name change through the Circuit 
Court of .

3.  The applicant provides a Judgment Order from the Circuit Court 

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 25 August 2009.        
Item 1 (NAME) (Last Name – First Name – Middle Name) of his DD Form 4/1 
(Enlistment/Reenlistment Document - Armed Forces of the United States) shows 
his name as "."  

3.  Every document in the applicant's Official Military Personnel File (OMPF) 
shows his name as "."  There is no evidence in his OMPF that he ever 
used the name "" during his enlistment.   

4.  The applicant was honorably discharge on 12 June 2012.  Item 1 (NAME) 
(Last, First, Middle) of his DD Form 214 shows his name as "."  

5.  The applicant provides a Judgment Order from the Circuit Court of which shows he changed his name from "" 
effective 1 June 2014. 

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 25 August 2009, the applicant used the name 
"."  There is no evidence in his OMPF that he ever used the name "" 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)	AR20170007308


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20170007308


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2