ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170018097


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 1 (Name) X__ vice X__.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Department of Veterans Services Cover Letter
* DD Form 214
* Birth Certificate
* Social Security Card
* Drivers’ License

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 his name is X__ X__ not X__ X__ and his DD Form 214 has the wrong name.  Without the correct last name, his DD Form 214 cannot be used as proof of military service.

3.  The applicant provides:

	a.  A Department of Veterans Services Cover Letter, dated 18 September 2017, which shows he submitted his DD Form 149, DD Form 214, Birth Certificate, Social Security card, and Drivers’ License for correction of his DD Form 214.

	b.  His Birth Certificate, dated XX X__ 19__, which lists his name as MX X__.

	c.  His Social Security card, which shows his name as X__ X__.

	d.  His Drivers License for the state of New York, which states his name as X__ X__.

4.  A review of his service records show:

	a.  He enlisted in the Regular Army on 13 August 1983.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his name as X__ X__.

	b.  In connection with his enlistment, he authenticated a DD Form 1966 (Record of Military Processing), dated 16 August 1982, which shows in Section X (Statement of Name for Official Military Records):

		(1)  Item 48a, if the preferred enlistment name (name given in block 2) is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, complete the following:  X__ X__.

		(2)  Item 48b, I hereby state that I have not changed my name through any court or other legal procedure, that I prefer to use the name of X__ X__ by which I am known in the community as a matter of convenience and with no criminal intent.  I further state that I am the same person as the person whose name is shown in block 2.

		(3)  Item 48c, my social security account number reflects the name X__ X__.

	c.  He was discharged on 20 March 1986.  His DD Form 214 shows he completed 2 years, 7 months, and 8 days of active service.  It also shows in item 1 (Name) X__, X__.  The applicant authenticated this form with his signature as X__ X__.

5.  By regulation, 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.  It states for item 1, compare original enlistment contract and review official record for possible name changes.  If a name change has occurred list other names of record in block 18 (Remarks).

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 decided to use the contested name at the time of his enlistment.  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 her 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.
	 
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 (AR) 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management.  It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition.

	a.  Paragraph 5-1 (When to Prepare the DD Form 214 (Certificate of Release or Discharge from Active Duty)) states 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.

	b.  Paragraph 5-6 (Rules for Completing DD Form 214) states for item 1 (Name), compare original enlistment contract or appointment order and review official record for possible name changes.  If a name change has occurred list other names of record in block 18 (Remarks).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170018097


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