ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20170013484


APPLICANT REQUESTS: his name to be changed to his legal name


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-authored Statement
*	Certificate of Birth
*	DD  Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	DD Form 303A (Discharge Certificate)
*	Social Security Cards

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 (ABCMR) 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 is requesting his name to be changed on his DD Form 
214 from JX__ X__ X__ to X__ X__ X__, which is his legal name on his birth 
certificate.  

3.  The applicant provides:

	a.  Self-authored statement, which states he was unaware that he was not legally 
adopted until the mid-1980 and he was given the name X__ X__ X__ when he 
started kindergarten and first grade.  

     b.  Certificate of Birth showing his legal name as X__ X__ X__ X___.

     c.  DD Form 214, for the period ending 8 July 1970, which shows (Last Name, 
First Name, Middle Name) as X__ X__ X__. 

	d.  Two social security cards, one with each of the last names used.

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

	a.  He was inducted into the Army of the United States on 4 December 1968.   
His DD Form 47 (Record of Induction) shows in item 1 (last Name, First Name, 
Middle Name), X__, X__ X__.

	b.  His DA Form 20 (Enlisted Qualification Record), dated 22 August 1969 in  
item 1 (Name), shows X__, X__ X__.

	c.  He was honorably discharged on 8 July 1970, his DD Form 214 shows in item 
1 Name (Last, First, Middle) X__, X__ X__.

 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.
 
6.  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 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 during his entire period of 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.

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. 

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.

	  
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 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170013484

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