ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 October 2019 DOCKET NUMBER: AR20180001974 APPLICANT REQUESTS: his name be changed from X__ X__ to X__ X__ X__ on his DD Form 214 (Report of Separation from the Armed Forces of the United States). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders Number 285, dated 25 October 1954 * DD Form 256A, Army Discharge Certificate, dated 17 October 1960 * DD Form 214 * Medicare Health Insurance Card and State of Birth Registration Card * Email to Pentagon Chief Legislative Liaison from Congressman X__ X__, dated 15 February 2018 * Army Review Boards Agency (ARBA) Congressman X__ X__ Letter, dated 15 February 2018 * ARBA Case Management Division (CMD) Letter to Applicant, dated 13 April 2018 * U.S. Army Human Resources Command (AHRC) Letter to Applicant, dated 29 June 2018 * U.S. AHRC Letter to Congressman X__ X__, dated 29 August 2018 * U.S. AHRC Letter to Congressman X__ X__, dated 10 September 2018 * ARBA Letter to Congressman X__ X__, dated 26 September 2018 * Privacy Release Form from Office of Congressman X__ X__, dated 4 February 2019 * Emails from Congressman X__ X__’s office, from 22 February 2019 to 3 March 2019 * ARBA Letter to Congressman X__ X__, dated 13 March 2019 * ARBA Letter to Congressman X__ X__, dated 29 May 2019 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 his DD Form 214 does not show his full name X__ X__ X__. He is not able to get certified as a veteran for benefits. 3. The applicant provides: a. Special Orders Number 285, dated 25 October 1954, which shows his name as X__ X__. b. His DD Form 256A, dated 17 October 1960, shows his name as X__ X__. c. His DD Form 214, dated 13 October 1955, shows on Item 1 (Last Name, First Name, Middle Name) X__, X__ d. His Medicare Health Insurance card, dated 1 June 1998, shows his name as X__ X__ X__. His birth registration card, issued on 14 January 2003, shows his name as X__ X__ X__. e. Emails from Congressman X__ X__ X__’s office, dated 15 February 2018, shows correspondence addressed to the Pentagon, Chief, Legislative Liaison inquiring about the applicant’s case (see attached email and correspondence in packet). f. Correspondence to Congressman X__ X__, dated 15 February 2018, from ARBA shows the case is being forwarded to the Case Management Division Congressional Liaison and Inquiries (CLI) of ABCMR and that the request would be processed and that the office had an increase in volume and influx of complex cases. g. Correspondence to applicant, dated 13 April 2018, from ARBA explained that his case was administratively closed without action because he needed to exhaust all available administrative remedies to correct the alleged error or injustice with AHRC. h. Correspondence from AHRC, dated 29 June 2018, explained to the applicant that after reviewing his request they did not find any supporting documentation for the requested change. They advised him if he had any documentation in his possession which supported his request then he could resubmit again to the AHRC. i. Correspondence from AHRC, dated 29 August 2018 and 10 September 2018, responded to Congressman X__ X__’s office inquiry. For historical purposes, the Army has an intent in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. They could not process the applicant’s name change. They referred the applicant to the ABCMR who has jurisdiction over this type of correction. j. Correspondence from ARBA (CLI), dated 26 September 2018, responding to Congressman X__ X__’s office in reference to receiving the applicant’s request and that the ABCMR would notify their office and the applicant of the Board’s decision. k. Privacy Release Form from the office of Congressman X__ X__, dated 4 February 2019, which shows the applicant authorized him to contact the board regarding his name change request. l. Emails from Congressman X__ X__’s office dated 8 March 2019, shows they addressed the issue of the applicant’s name change to the Congressional Actions Coordinator at the Office of the Chief of Legislative Liaison. m. Correspondence dated 13 March 2019 and 29 May 2019, from CLI at ARBA responding to Congressman X__ X__’s office that they were aware the case had taken a long time to complete. Changes in the processing requirements for cases and influx of new cases had resulted in a delay in processing of all cases. 4. A letter from the National Personnel Records Center, dated 26 March 2019, shows that the applicant's military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. 5. His reconstructed record contains an extract of Selective Service Classification History and Roster. The applicant's name appears as X__ X__ X__ but all others orders show his name as X__ X__. 6. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant used the contested name throughout his military service and that the DD Form 214 accurately depicted the utilized name. For that reason, the Board concluded there as insufficient evidence to show that an error or injustice was present which would warrant making a change to the military service record of the applicant. 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. 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. 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) states 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 serve at the time of release from active duty, retirement, or discharge. 3. AR 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180001974 4 1