ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 June 2019 DOCKET NUMBER: AR20170019127 APPLICANT REQUESTS: that the name indicated on his DD Form 214 (Report of Separation from Active Duty) to show his first and middle names as Xxxxxx Xxxxxxx instead of Xxxxxxx Xxxxxx. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Birth Certificate * Social Security Card 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 that he would like the name indicated on his original DD Form 214 (Block 1 (Last Name, First Name, Middle) should reflect his legal name of Xxxxxx Xxxxxxx X . He believes the original document is in error in accordance with the his actual birth certificate and current name of record shown on his driver’s license, social security card and employment records. 3. The applicant provides a copy of his New York birth certificate that shows the name, “Xxxxxx Xxxxxxx X ” and a copy of his social security card with the name “Xxxxxx Xxxxxxx X . 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 13 November 1972. His DD Form 4 (Enlistment Contract) shows his first and middle names as Rxxxxxx and Gxxxxx. b. He completed a DD Form 398 (Statement of Personal History and disclosed his first name as Xxxxxxx, his middle name as Xxxxxx, and his last name as X . a. c. On 6 November 1975, Special Orders 223 released him from active duty. The order listed his first name as Xxxxxxx, his Middle name as Xxxxxx, and his last name as X . d. He was honorably released from active duty on 31 March 1972. His DD 214 shows in Item 1, his first name as Xxxxxxx, his middle name as Xxxxxx, and his last name as X . e. DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), dated 12 November 1975 shows his first name as Xxxxxxx, his middle name as Xxxxxx, and his last name as X . f. On 12 November 1978, orders 10-1116739 show that he was discharged from the standby reserve with an honorable discharge. It showed his first name as Xxxxxxx, his middle name as Xxxxxx, and his last name as X . 4. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence found within the military service record being consistent with that which currently is depicted on the applicant’s DD Form 214, the Board found no error or injustice which would warrant changing the name as it appears on the DD Form 214. 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. 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 in regard to the difference in his name recorded in his military record and the name currently being used by the applicant. 6/12/2019 X CHAIRPERSON Signed by: 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any, and the specific instructions for item 6 (Date of Birth) state to enter the date of birth.