ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 

BOARD DATE: 12 December 2019 

DOCKET NUMBER: AR20180002355

APPLICANT REQUESTS: his DD Form 214 (Transfer or Discharge from the Active Duty) be corrected to reflect his true name X. X__.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* Social Security Card
* Certificate of Birth
   * 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 (ABCMR) 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 true name is X. X__ and requests that his DD Form 214 be corrected to reflect as such.  His DD Form 214 shows his name to be X__ X__ X__  .  He served his country proudly and had earned the right to have his DD Form 214 corrected.

3. The applicant provides:

a. Social Security card in the name of X. X__.

b. Certification of Birth that shows his birth name to be X. X__.

c. DD Form 214 that shows his name to be X__ X__ X__.

4. The applicant’s service records are not available for review with this case. An exhaustive search was conducted to locate his service records which are necessary in the processing of his case, with no success. His case is being considered based on his DD Form 214 (Transfer or Discharge from Active Duty) that he provided.
1. 

5. He was inducted into the Army of the United States on 11 December 1963 in the name X__ X__ X__.

6. He was transferred from active duty on 20 December 1965 with an honorable characterization of service under provision of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for Expiration Term of Service and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 shows that he completed 2 years and 9 days of active service in the name X__ X__ X__.

7. By regulation 635-5 (Separation Documents), prescribe the separation documents that will be furnished each individual who is separated from the Army including ACDUTRA personnel and establishes standardized procedures for the preparation and distribution of these documents.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, one potential outcome discussed was to deny the requested relief based upon a lack of evidence and justification from the applicant showing how the name X___ appeared.  However, based upon all information, except the name, from birth certificate matching what’s currently reflected on the applicant’s DD Form 214, the Board concluded that the name currently on the applicant’s DD Form 214 warranted correction.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
X
X
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
X
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing the name appearing in Item 1, so that it reads, “X__ X__ X__.”
3/11/2020

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 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 (AR) 635-5 (Separation Documents), prescribe the separation documents that will be furnished each individual who is separated from the Army including ACDUTRA personnel and establishes standardized procedures for the preparation and distribution of these documents.

   a. Paragraph 14c., if an error is discovered in the DD Form 214 after the individual has departed from the transfer activity and/or distribution of copies of the form has been made, correction or change will be made only by The Adjutant General, Department of the Army.

   b. Paragraph 18, Item 1, enter last name, first name and full middle name or names if any.

NOTHING FOLLOWS