ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  25 February 2019

	DOCKET NUMBER:  AR20170009759


APPLICANT REQUESTS: a reconsideration of his previous cases to correct his 
DD Form 214 (Report of Separation from Active Duty), to show in item 1 (Name), his names as "xxxxxxx xxxxxx xxxxx."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* A self-authored statement
* DD Form 214

FACTS:

1.  Incorporated herein by reference are military records, which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130004825 on 24 October 2013 and Docket Number AR20150007292 on 14 August 2015.

2.  The applicant provides a new statement, which states:

      a.  He is asking for a reconsideration of his previous case to enter his birth name on his current on his DD Form 214, which currently shows "xxx xx xx".  The name was only valid during his tour in the military and he has never attempted to change his birth name.
      
      b.  He only used this fictitious name at the suggestion of a recruiter in Chicago in 1976.  The recruiter thought his last name "xxxxxx" would cause some bumps in the road during his tour in the Army.
      
      c.  As a 17-year old kid, he thought it was cool at the time; he kind of liked playing a secret agent.  Through the years, he has learned that it is difficult to access his military benefits due to the name of "xxx xx xx."

3.  His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) completed when he enlisted shows:

	a.  In Section 1 (Personal Data), item 1, his name was entered as "Lxx, Txxx Jxxxxx."

	b.  In Section III (Verification of Personal Data), item 23a (Name as Shown on Birth Certificate), he was required to provide an entry if the name given in item 1 was not the same as the name of his birth certificate, and that his name had not been changed by legal procedure prescribed by state law.  He entered his name shown on his birth certificate as "xxxxx xxxxxx xxxxxx."

	c.  Item 23a included the following statement:

I hereby state that I have not changed my name through any court procedure, and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent.  I further state that I am the same person as the one whose name is shown in block 1.

	d. The applicant signed item 23c (Signature of Applicant) as "xxxx xxxxx xx" and it was witnessed by a government official.

	e.  In Section VI (Parental/Guardian Consent for Enlistment), item 45, shows he required and received parental consent due to his age (17 years old), at the time of his enlistment.

4.  A review of the applicant's records show he served under the name "xxx xxxxx xx" throughout his military record.  

5.  His DD Form 214, item 1 shows his name as "xx, xxx xxxxx."

6.  On 24 October 2013, ABCMR Docket Number AR20130004825, the applicant requested to change his name to "xxxxxxx xxxxxxx xxxxxx".  His case was denied.  He had one year to request a reconsideration of his case.

7.  On 31 March 2015, the applicant requested a reconsideration of his previous case.  

8.  On 14 August 2015, the Army Review Boards Agency (ARBA) denied his request for a reconsideration since his request was received passed the one year for reconsideration.

9.  The applicant provides a letter as new evidence for a reconsideration, stating, his recruiter told him he could use a fictitious name when he was recruited in 1976. 

10.  Army Regulation 635-5 (Separations Documents), 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, check records with birth certificate when possible.

BOARD DISCUSSION:

After review of the application and all evidence, two Board members determined there is insufficient evidence to grant relief as the applicant chose the name to use during his period of service.  The dissenting Board member granted relief stating his record shows his name at the time of birth, and what name he chose to enlist under.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

Army Regulation 635-5, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service.  It established standardized policy for the preparation of the DD Form 214.  It stated 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, check records with birth certificate when possible.

ABCMR Record of Proceedings (cont)	 AR20170009759
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