ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20170018846


APPLICANT REQUESTS:  to have his name (Name (Last, First, Middle) corrected on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to change from Xx__ Xx__ Xx__ to Xx__ Xx__ Xx__ on all documents

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Records)
* birth certificate
* Tennessee Driver’s License
* 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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states his last name as given at birth is incorrect on his military documents and request his name on his DD Form 214 and all military records to be corrected from Xx__ Xx__ Xx__to Xx__ Xx__ Xx__.

3.  The applicant provides:

* a copy of his birth certificate which show his name as Xx__ Xx__ Xx__
* a copy of his Tennessee driver’s license which shows his name as Xx__ Xx__ Xx__
* DD Form 214 which shows his name as Xx__ Xx__ Xx__

4.  The applicant’s service record is void of his DD Form 47 (Induction Record) and DD Form 214; however, the DD Form 214, which was provided by the applicant shows he was inducted into the Army of the United States on 28 November 1951, and he was honorably discharged on 18 November 1953 and block 1 shows his name as Xx__ Xx__ Xx__.
5.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation Documents), 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 instructions for completing the DD Form 214 states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate.  Compare the enlisted record brief to contract for possible name change.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  Board members found sufficient documentary evidence to grant relief.  X____ X__ xX__ is the correct name.  The names X____ and X____ are transposed.  The last name is also misspelled.  Board members felt a correction is warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 18 November 1953 to show his full name as shown on his birth certificate. 
	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in their 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.  There 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 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  Section II – Instructions for Preparing DD Form 214.  It states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate.  Compare the enlisted record brief/officer record brief to contract for possible name change.

ABCMR Record of Proceedings (cont)	AR20170018846


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