ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  16 April 2019

	DOCKET NUMBER:  AR20180000559


APPLICANT REQUESTS:  correction to item 1 NAME (Last, First, Middle) of his        
DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his last 
name to read "XXXXXXX" instead of "XXXXXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Live Birth

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 he underwent a name change in an effort to be hired by the 
Police Department and their policy requires all certifying document to be under the 
same name.

3.  The applicant completed a DD Form 1966 (Record of Military Processing-Armed 
Forces of the United States) during the enlistment process.  

     a.  Item 30 (Data Verified by Recruiter) shows that the applicant's birth certificate and 
Social Security Card were verified, and these documents were contained in his military 
record.

          (1)  His certificate of live birth shows his name as "XXXXXX."

          (2)  His social security card shows his last name as "XXXXX," but he signed the 
card with the last name of "XXXXXX."

     b.  Section VI-Remarks contains the entry "Name; XXXXXX XXXXX"

     c.  Section VII-Statement of Name For Official Military Records contains the following 
entries in item 37 (Name Change):

          (1) item 37a records his name as shown on his birth certificate, "XXXXXX,"

          (2)  item 37b records his name as shown on his social security card, "XXXXX," 
and 

          (3)  item 37c contains the statement, "I hereby state that I have not changed my 
name through any court of law or other legal procedure; that I prefer to use the name of  
XXXXXX."

4.  All of the documents in the applicant's military record, including but not limited to the 
below, show the applicant's name as "XXXXXX" or "XXXXX":

*	DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States)
*	Enlisted Record Brief
*	DD Form 214

5.  His military record is void of evidence that shows he served with the last name 
"XXXXXX."

6.  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 chose to use 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.   

ABCMR Record of Proceedings (cont)	 AR20180000559

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