ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  26 March 2019 DOCKET NUMBER:  AR20170013103 




APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as "" instead of "." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Circuit Court of the State for the Third Judicial District, dated 23 August 2017

•DD Form 214 (Certificate of Release or Discharge from Active Duty)


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 he changed his legal name from "" to "" in 2017, as evidenced by his name change court order, to align his name with his mother's maiden name.  He is the only male to carry on the last name "," after the passing of his grandfather.  The appearance of his old name on his DD Form 214 is an injustice because it reveals his birth father's full name, who was a drug addict and died of an overdose, which causes him to be depressed every time he shows his DD Form 214.  Disclosure of his former name, in effect, discloses his father's full name.  This is an injustice due to the social stigma.  His current DD Form 214 reveals his father's full name, which can be remedied effectively by issuing a corrected DD Form 214, listing his current legal name.3.Item 1 (Name (Last, First, Middle)) of the applicant's DD Form 214 for the period 16 February 2010 through 15 April 2014 contains the entry "."4.His DD Form 4 ((Enlistment/Reenlistment Document Armed Forces of the United States) and all other documents in his military record show his name as "." 


5.The applicant provides a copy of a court order, dated 23 August 2017, which legally changed his name to "."6.Pursuant to Army Regulation 635-5 (Separation Documents), the DD Form 214 is a synopsis of a Soldier's active duty service. 

BOARD DISCUSSION: 

After reviewing the application and all supporting evidence, the Board determined that relief was not warranted.  The Board found that the requested change was after service discharge and the DD214 is a record of military service upon departing the service. 

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.A copy of this decisional document will be filed in the applicant's military personnel records.  This should serve to clarify any questions or confusion concerning the difference between the name he used while in military service and his current legal name. 


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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, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice.  This provision of law also allows the Army Board for Correction of MilitaryRecords (ABCMR) to excuse an applicant's failure to timely file within the 3-year statuteof limitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation 635-5, prescribed the separation documents prepared for Soldiersupon retirement, discharge, or release from active military service or control of theArmy.  It states the DD Form 214 is a synopsis of the Soldier's most recent period ofcontinuous active service.  It provides a brief, clear-cut record of active Army service atthe time of release from active duty, retirement, or discharge.