ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 11 September 2019 DOCKET NUMBER: AR20170013489

APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge From Active Duty)
* Honorable Discharge Certificate from the United States Army (USA)
* Photo copy of Passport and State License
* Court Document (Name Change)
   * State of Birth Certificate 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 would like to have his last name changed from X___ to his legal name X___. He would like to utilize his veteran’s benefits, with his correct legal name.

3. The applicant provides:

   a. His discharge certificate, which shows he was honorably discharged with the name of X___.

   b. A copy of his passport, which shows his name as X___ and his Oregon state driver’s license showing his name as X___.

   c. His birth certificate from the state of Illinois, which shows his name as X___, the name that he used during his period of service; however, his last name was crossed out on the certificate and the last name of X 	is listed.
   a. 



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

   a. He enlisted into the Regular Army on 1 December 1988 under the name of X___.

   b. His record is void of evidence that shows he used the name X___ while serving in the military.

   c The applicant was released from active duty on 19 October 1990. His DD Form 214 shows his name as “X___.”

5. Army Regulation 635-5 (Separation Documents) states, in effect, that the
DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created.

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.



 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 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
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