ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20170013601


APPLICANT REQUESTS: his last name be changed from X___ to X___.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Change of Name Decree – Docket 1363, Circuit Court of the State of  dated 25 October 1990

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 took his father’s last name when he met him for the first time.  He had his last name changed legally from X___ to X___ at the Tillamook County Courthouse in Tillamook, OR.  He requests to have it changed because it is no longer his legal last name

3.  The applicant provides a “True and Certified” copy of name change document.

4.  The applicant’s service records shows:

	a.  He enlisted in the Regular Army on 12 May 1980.  His DD Form 4 (Enlistment/Reenlistment Document) listed his last name as X___.

	b.  He was honorably released from active duty on 12 May 1983.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) (Member Copy) shows his name as X___ X___X___.    

	b.  On 11 January 1985, he enlisted as X___ X___X___ in the Army National Guard (ARNG).

	c.  Orders 4-15, dated 4 January 1991, reassigned the applicant from the ARNG to the U.S. Army Reserve Control Group effective 4 January 1991.  The orders listed his last name as "X___." 

	d.  NGB Form 22 shows the applicant was discharged on 4 January 1991.  His NGB Form 22 shows his full name as X___ X___X___.

	e.  The applicant’s service records are absent of any documentation requesting change of his last name from X___ to X___.

4.  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.  Compare the enlisted record brief/officer record brief to contract for possible name change.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found no error in the record when it was created.  He used that name upon his enlistment and his record reflects the same name throughout his time in military service.  The Army must maintain the integrity of its records, which reflect the facts and circumstances at the time the record was created. 

The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in his name recorded in his military record and the name currently being used by the applicant.


 
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 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 (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.  Compare the enlisted record brief/officer record brief to contract for possible name change.


ABCMR Record of Proceedings (cont)	 AR20170013601


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