IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170010425


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170010425


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show his name as 
X____ X____ X___.

2.  The applicant states he had his name legally changed from X____ X___ to 
X____ X____ X____ effective 5 June 1997.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  DD Form 149 (Application for Correction of Military Record under the 
Provisions of Title 10, U.S. Code, Section 1552) with supporting document(s):

*	Notary Public document, dated 14 April 1992
*	Certificate of Live Birth, issued 14 November 1997
*	Amendment of Birth Record to Reflect Court Order Change of Name, 
issued 14 November 1997
*	Driver License
*	U.S. Passport Card
*	Social Security Card
*	DD Form 214

2.  The following evidence from the applicant's service records and Department 
of the Army and Department of Defense records and systems:

*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States), dated 28 November 1988
*	DD Form 398-2 (Department of Defense Personnel Security 
Questionnaire (National Agency Check)), dated 28 November 1988
*	Defense Investigative Service Form 1 (Department of Defense – Defense 
Investigative Service Standard System Document), dated 5 January 1989
*	Orders 037-8, U.S. Army 63d Regional Support Command, dated 
6 February 1999

REFERENCES:

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 to ensure that all information entered on the 
DD Form 214 is accurate.  The specific instructions for item 1 (Name – Last, 
First, Middle) stated to enter the name in all capital letters.  Include "JR," "SR," or 
"II" when needed.

DISCUSSION:

1.  While 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 on 28 November 1988.  His 
enlistment document shows his name as X____ X____.  His Personnel Security 
Questionnaire, dated 28 November 1988, shows his name as X____ X____ and 
lists an alias of X____ X____ X____.

3.  His name is consistently shown as X____ X___ throughout the entire period 
of his military service.

4.  He was honorably released from active duty on 6 February 1992.  His 
DD Form 214 shows his name as X____ X____.

7.  He provided a document signed by a Notary Public, dated 14 April 1992, 
showing his name as X____ X___.

8.  He provided a certified copy of his Amendment of Birth Record to Reflect 
Court Order Change of Name, issued 14 November 1997, showing his name was 
changed from X____ X____ to X____ X___ X____, accepted and filed on 
7 November 1997.

9.  He also provided copies of his Driver License, U.S. Passport Card, 
and social security card issued after his legal name change, showing his name 
as X____ X___ X____.

9.  On 6 February 1999, he was discharged from the U.S. Army Reserve.  His 
discharge orders show his name as X____ X____.


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 records to clarify the difference between the name shown in his military 
records and that shown on his amended birth certificate.

 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20170010425


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2