ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170018854 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as X______ X.X____ vice X____X. X____. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 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, that he wants his record corrected to reflect his legal name as X_______ X X_____. 3. On 17 May 1984, the applicant enlisted in the Regular Army under the name of X______ X___ X____. 4. A review of his military records shows: a. A United States Department of Justice, Federal Bureau of Investigation, dated 20 June 1984, lists the name of: * X____, X____X____ - he was arrested on 17 May 1980 for an undisclosed charge; and * X___, X____ X. – he was convicted of burglary on 7 November 1980, suspended for 11 months with probation for 3 years b. A report of investigation under the name of X____, X______X__ dated 24 August 1984, shows he had a warrant out for his arrest for violation of probation for a burglary charge, second degree, which was still active and had not been served. c. His separation paperwork shows he was recommended and approved for separation since he had an active felony warrant for arrest for burglary, and was not outstanding enough to retain in spite of his fraudulent entry into the Army. 5. On 21 December 1984, he was honorably discharged due to fraudulent entry. His DD Form 214, item 1 NAME (Last, First, Middle) reflects his name as “X____, X_____ X___. 6. Army Regulation 635-5 (Separation Documents), states that 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 after a fraudulent enlistment and 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 635-5, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service. It established standardized policy for the preparation of the DD Form 214. It stated 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) AR20170018854 0 2 1