ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20170014942 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change on all military records from “” to “”. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, period ending 15 October 2015 * Court Order (C.A. No. ), dated 8 August 2011 (Legal Name Change) * document containing previous name and new legal name * document containing front and back copies of Social Security Card and Delaware Driver’s License * Department of Veterans Affairs (VA) Rating Decision, dated 26 June 2017 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 that he would like his legal name changed from “” to “” (the first name from to the middle name from to and the last name from to . 3. The applicant provides: a. A copy of his DD 214, showing in Item 1 (Name (Last, First, Middle)), the last name as ., his first name as , and his middle name as . b. A copy of a Court Order from , ordering his name to be changed from “” to “”, effective 8 August 2011. c. A document showing he wants his name updated to reflect his new legal name as “”. The document also lists his previous name as “”. d. A document containing front and back copies of his Social Security Card and Delaware Driver’s License, showing his name as “”. e. A copy of his VA Rating Decision, dated 26 June 2017, showing his name as “”. 4. A review of the applicant’s service record shows the following: a. He enlisted in the U.S Army Reserve (USAR) in a delayed entry program on X May 20XX. He enlisted in the Regular Army on XX September 20XX. His DD Form 4 (Enlistment or Reenlistment Agreement Document Armed Forces of the United States) shows in Item 1 (Last Name, First Name, Middle), his last name as ; his first name as ; his middle name as A copy of his birth certificate and initial Social Security Card were included in the applicants enlistment packet, showing the name on his enlistment documents were consistent with his legal documents at that time. b. He served honorably until 15 October 2010. His Enlisted Record Brief, shows his name in the “Name” block as “”. c. He was released from active duty on 15 October 2010. His DD Form 214 shows in Item 1 (Last, First, Middle), the last name as , his first name as and his middle name as . 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. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Name (Last, First, Middle)) stated in part, to enter in all capitals, include “SR,” “JR,” or “II,” if appropriate. Compare ERB to contract for possible name change. b. 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 ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation, such as the DD Form 214. 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’s name was changed on a date that was after the period covered by the separation document. 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), 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. 3. 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. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Name (Last, First, Middle)) stated in part, to enter in all capitals, include “SR,” “JR,” or “II,” if appropriate. Compare ERB to contract for possible name change. b. 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. //NOTHING FOLLOWS//