ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  3 September 2019

	DOCKET NUMBER:  AR20170013498


APPLICANT REQUESTS: to change his last name from St___ to St___ (his name is 
transposed).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149s (Application for Correction of Military Records)
*	social security card
*	certificate of marriage
*	certificate of birth
*	DD Form 214 (Report of Separation 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 their case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant requests that his name to be corrected.

3.  The applicant provides:

*	social security card shows his last name as St___
*	certificate of marriage, dated , shows his last name as St___ lined out 
and replaced with St___
*	certificate of birth, dated , shows his last name as St___

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

	a.  He enlisted in the Army National Guard on 3 May 1974.  His DD Form 4 
(Enlistment Contract – Armed Forces of the U.S.), dated 3 May 1974, shows on pages 
one and two his last name as St___.  He signed his DD Form 4 on 3 May 1974 using 
the name St___.

	b.  On 12 November 1974, he was honorably released from active duty training and 
returned to control of the adjutant general of NC to complete his remaining service 
obligation.  He completed 4 months and 8 days of active service for this period.  His DD 
Form 214 shows in block 1 (Last Name, First Name, Middle Name) St___.

5.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation 
Documents), 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.  The instructions for completing the DD Form 214 states for 
block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate.  

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 their 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.  
There 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, prescribed the separation documents which are prepared for 
individuals upon retirement, discharge, or release from active military service or control 
of the Active Army.  It establishes standardized policy for preparing and distributing the 
DD Form 214 (Certificate of Release or Discharge from Active Duty).  Section II – 
Instructions for Preparing DD Form 214.  It states for block 1 enter the name in all 
capital letters, include "JR," "SR," or "II," if appropriate.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20170013498

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