ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  18 January 2019

                   DOCKET NUMBER:  AR20170014527


APPLICANT REQUESTS: 

The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his name as X____, X____ vice X_____, X___ X____.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Court Order, issued by the Twentieth Judicial Circuit Court, 

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 enlisted in the Regular Army (RA) on 16 March 1977.  Item 1 (Last Name – First Name – Middle Name) his DD Form1966/1 (Application for Enlistment – Armed Forces of the United States) shows his full name as “X____, X___ X____.”  He also affixed his signature to this document using this name.  

3.  Every document in the applicant's Military Personnel Records Jacket shows his middle name as “X_____” and his signature using this middle name.  

4.  He was honorably discharged on 1 August 1978.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his name as “X_____, X____ X_____.”  He affixed his signature to this document using the middle initial “X
5.  The applicant provides a post-discharge court order showing he legally changed his last name by dropping his middle name, effective 13 June 2017. 
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:

1.  The applicant’s available service records show his full name as “X_____, X___ X_____.”   

2.  His 1 August 1978 DD Form 214 shows his name as “X_____, X___ X_____.”  He affixed his signature to this document using the middle initial “X.”

3.  The applicant provided a court order showing he legally changed his last name by dropping his middle name, effective 13 June 2017.  This change is post discharge.

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:

After reviewing the application, all evidence, and applicable references, the Board determined there was not an injustice.  The Army has an interest in maintaining the integrity of its records, including maintaining records as they existed at the time they were created and compiled.  The data and information that is contained in such records should reflect the conditions and circumstances that existed at the time the records were created.  Therefore, the Board finds the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


SIGNATURE:

				 
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.


ADMINISTRATIVE NOTE(S):

A copy of this decisional document will be filed in the applicant's military records.  This should serve to clarify any questions or confusion regarding the difference in the name he now uses and the name under which he served.  


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), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

ABCMR Record of Proceedings (cont)	 AR20170014527


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