ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:

BOARD DATE:  11 April 2019 
DOCKET NUMBER: AR20180001729


APPLICANT REQUESTS: correction to his DD Form 214 (Report of Separation from 
Active Duty) to show his date of birth (DOB) as 7 October 1952 vice 7 October 1951, 
and to change his name from 	,                Jr. to 	,             .

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:


   *	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth
   *	Judgement, Clerk of Court,  dated 11 February 1999 
FACTS:
1.	While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (ABCMR) has elected to 
conduct a substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant's failure to timely file. 
In all other respects, there are insufficient bases to waive the statute of limitations for 
timely filing.

2.	The Board will only consider the portion of the applicant's request pertaining to the 
correction of his name.

3.	The applicant states the name listed on his DD Form 214 is incorrect.

4.	The applicant was honorably released from active duty on 15 October 1974.
Item 1 Name (Last, Middle, First) of his DD Form 214 shows his name as 
" 	, 		."

5.	He provides a Judgement from the Clerk of Court, dated
11 February 1999, that shows he legally changed his name to 	, 		."



6.	Army Regulation 635-5 prescribes the separation documents prepared for Soldiers 
upon retirement, discharge, or release from active military service or control of the 
Army.  The applicant’s name was correct at the time of his separation.

BOARD DISCUSSION:

1.	After review of the application and all evidence, the Board determined there is 
sufficient evidence to grant partial relief. The applicant’s contentions were carefully 
considered. The analyst of record will have the DOB corrected as noted in the 
administrative notes below. The Board determined the evidence presented for a name 
change does not demonstrate the existence of a probable error or injustice. The 
applicant used 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 
court order.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	FULL GRANT

:X	:X	:X              PARTIAL GRANT

:	:	:	FORMAL HEARING GRANT

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined 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 NOTES(S): Administratively correct item 4 (Date of Birth) of the 
applicant's DD Form 214 to delete the current entry and to add the entry, "X X X."
REFERENCES

1.	Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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), prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army. It establishes standardized policy for the 
preparation of the DD Form 214.

   a.	For item 1, enter last name, first name, and full middle name or names, if any at 
the time of separation.

b.	For item 6 (DOB) on the DD Form 214, is self-explanatory.

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