ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
BOARD DATE: 9 September 2019 
DOCKET NUMBER: AR20170011597

APPLICANT REQUESTS: to change his service records to reflect his legal name 
change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	VA Form 21-4138 (Statement in Support of Claim)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	DA Form 2166-6 (Enlisted Evaluation Report)
   *	District Court Action No  
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 request to have his military records changed to reflect his new legal 
name. He believes it would be less confusing to the Veteran Administration if all his 
paperwork used his new legal name.

3.	The applicant provides:

   a.	DD Form 214 and DA Form 2166-6 which shows his previous name was used on 
official documents while in the military.

   b.	District Court Action No , dated 26 June 1984 in which he legally 
changed his name.

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

   a.	On 11 August 1969, he enlisted in the Regular Army.
   


b.	He served in Vietnam from 27 January 1970 to 14 December 1970.

   c.	On 16 February 1972, he was transferred to the United States Army Reserves 
(USAR) Control Group with an honorable characterization of service. His DD Form 214 
reflects that the completed 2 years, 6 months, and 6 days of active service.

   d.	On 14 April 1981, he enlisted in the USAR. On 23 March 1982, he immediately 
reenlisted in the USAR.

e.	On 22 March 1988, he was discharged from the Ready Reserve.

   f.	All documents available in his service records reflect the name he originally 
enlisted under and not his legally changed name.

5.	By regulation (635-5), 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. His DD Form 214 reflects the name he 
enlisted under.

6.	By regulation (135-178), on expiration of term of enlistment or period of statutorily 
obligated service, the enlisted member will be discharged by the separation authority.

BOARD DISCUSSION:

1.	After review of the application and all evidence, the Board determined the evidence 
presented does not demonstrate the existence of a probable error or injustice. The 
applicant used the contested name at the time of his separation from service. 
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 Army has an interest in maintaining the integrity of its records for historical 
purposes. The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created. In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

3.	The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official military 
records. This should serve to clarify any questions or confusion regarding the 
difference in the name recorded in his military records and to satisfy his desire to have 
his legal name documented in his military records.



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:

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.
10/22/2019

 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 (AR) 635-5 (Personnel Separations – Separation Documents), in 
effect at the time, 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.  His DD Form 214 reflects the name he enlisted under.



3.	Army Regulation 135-178 (Separation of Enlisted Personnel), in effect at the time, 
states on expiration of term of enlistment or period of statutorily obligated service, the 
enlisted member will be discharged by the separation authority.

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