ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:   26 March 2019DOCKET NUMBER:  AR20170014959 




APPLICANT REQUESTS: correction to item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his name to read "" instead of "." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Copy of Order for Name Change, dated 1 August 2017

•Copy of Driver's License



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect, he request his name to be changed on his DD Form214. He has adopted and used his mother's name since his discharge from military service.  He made the name change official through a court order which changed his name from "_" to "."









3.The applicant's DD Form 214 for the period 10 April 1981 through 4 April 1983, and all the other official records and documents in his military record reflect his name as "__."  These documents include but are not limited to the below records:•DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 9 March 1981•DA Form 2-1 (Personnel Qualification Record)•DA Form 428 (Application for Identification Card), dated 29 April 1982•DD Form 214, dated 4 April 1983 








4. The applicant provides a copy a Court Order from the State n, Circuit Court, , showing his name changed to "_" after his period of active service.BOARD DISCUSSION:After reviewing the application and all supporting documents, the Board found that relief was not warranted.  The Board determined that based upon the court-ordered name change occurring after his military service and and the DD Form 214 accurately depicts the name during service, the Board recommended denying the request.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: 

1.The evidence presented does not demonstrate the existence of a probable error orinjustice.  Therefore, the Board determined the overall merits of this case are insufficientas a basis for correction of the records of the individual concerned.

2.A copy of this decisional document will be filed in the Applicant's official militarypersonnel file.  This should serve to clarify any questions or confusion about thedifference in the last name recorded in his military records and the last name hecurrently uses.


Microsoft Office Signature Line...




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 militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents) establishes the policy for preparingand distributing the DD Form 214.  The regulation directs that the purpose of theseparation document is to provide the individual with documentary evidence of his orher military service at the time of release from active duty, retirement, or discharge.