ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  16 April 2019

	DOCKET NUMBER:  AR20170017277


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his first name as "XXXXX" and his middle name as 
XXXXXXX." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	U.S. Passport
*	Decree Changing Name

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 entered active duty as a member of the Army National Guard on          
2 June 2015.  

3.  He was honorably released from active duty training on 7 October 2015.  Item 1 
Name (Last, First, Middle) of his DD Form 214 shows his name listed as "XXXXXX."

4.  The applicant provides a copy of a Decree Changing Name from the Superior Court 
of Central Justice Center that changed his name to 
" XXXXXX " on  April , after his period of active service.  

5.  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.  




BOARD DISCUSSION:

1.  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 used the contested name during his entire period of service.  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.  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 
about the difference in the name recorded in his military records and the name on his 
birth certificate. 

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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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 635-8 (Separation Processing and Documents) prescribes 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.   

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170017277

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