ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 March 2019

	DOCKET NUMBER:  AR20170015741


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 last name to read "XXXXX" instead of "XXXXX"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Court Order, dated 17 October or November 1971
*	DD Form 214

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, in effect, his last name was legally changed in 1971 and he 
feels his military records should reflect this change.

3.  He was inducted into the Army of the United States, on 22 June 1965 and released 
from active duty on 25 March 1967.  All of the records and documents in his military 
record reflect the last name of "XXXXX."  These documents include but are not limited 
to the below records:

*	DD Form 47 (Record of Induction)
*	DD Form 214

5.  The court ordered name change he provides shows his last name was changed to 
"XXXXX" on 17 October or November 1971.

6.  None of the documents in his military record recorded his last name as "XXXXX," the 
last name he now requests.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that relief 
was not warranted.  Because the court order name change occurred after service and 
the DD214 being a historical record of military service upon discharge, the Board found 
no relief warranted.

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



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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) establishes the policy for preparing 
and distributing the DD Form 214.  The regulation directs that the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  

ABCMR Record of Proceedings (cont)	 AR20170015741
	
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