ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20170007938


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his actual legal name as X__x X____x X__x.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* copy of Certificate of Live Birth
* copy of Social Security Card
* DD Form 214, period ending 10 April 1998

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 the name stated on his DD Form 214 was recorded incorrectly and became an oversight on his part.

3.  The applicant provides:

	a.  A copy of his Certificate of Live Birth from the state of Illinois, showing on the date of his birth (1 March 1976), his name was listed on his birth certificate as “X__x X__x X____x X__x”.

	b.  A copy of his Social Security Card containing his printed name and signature as “X__x X____x X__x X___x”.

	c.  A copy of his DD Form 214, period ending 10 April 1998, showing his name listed in Item 1 (Name (Print – Last, First, Middle Initial),  as “X__x X____x, X__x X____x”.  The applicant signed his name in Item 21 (Signature of Member Being Separated), as “X__x X____x X__x X___x”.

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

	a.  He enlisted in the Regular Army (RA) on 11 April 1995.  His DD Form 4 (Enlistment or Reenlistment agreement) shows in Item 1 (Last Name, First Name, Middle), his last name as X__x X____x; his first name as X__x; and middle name is annotated as X____x.

	b.  Orders 195-80, dated 14 July 1995, issued by Headquarters U.S. Army Air Defense Artillery Center and Fort Bliss, TX, shows the applicant was awarded the military occupational specialty (MOS) 16 T (Patriot Missile Crewmember).  His name as listed on this order is annotated as “X__x X____x, X__x X___x”.

	c.  Permanent Orders 29-47, dated 29 January 1998, issued by Headquarters U.S. Army Air Defense Artillery Center and Fort Bliss, TX, shows the applicant was awarded an Army Good Conduct Medal.  His name as listed on this order is annotated as “X__x X____x X__x X___x”.

	d.  He was released from active duty on 10 April 1998.  His DD 214 shows in Item 1 (Last Name, First Name, Middle), his last name as X__x X____x, his first name as X__x, his middle name as X___x.  He authenticated this form with his signature using this name. 

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  

	a.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any.

	b.  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 determined that relief was not warranted.  Based upon all names within the military service record being consistent with that which is currently reflected on the applicant’s DD Form 214, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the name as it appears on the DD Form 214.

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:

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.  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 in regard to the difference in his name recorded in his military record and the name currently being used by the applicant.
	 
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), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any.

ABCMR Record of Proceedings (cont)	 AR20170007938


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