ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  13 June 2019
DOCKET NUMBER: AR20180002389


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name as "X X, X X IX" instead of "X Jr, 
X."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Order for Change of Name, Circuit Court for , dated 
6 June, 2011

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, in effect, he changed his legal name due to his ancestral 
heritage and because he was the victim of identity theft. He requests a change to his 
DD Form 214 to show his new legal name:  "XX, XXX."

3.	The applicant’s DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the 
United States) shows he enlisted into the Army Reserve on 9 April 1987 under his birth 
name, "X Jr, X."

4.	On 18 April 1995, the applicant was released from the Army Reserve. The 
applicant’s DA Form 5016 (Chronological Statement of Retirement Points) shows his 
name recorded as, "X Jr, X."

5.	A review of the applicant’s military personnel records show all documentation with 
his name recorded as, "X Jr, X."

6.	There is no evidence in the applicant’s record to show that he served on active duty 
for 90 days or more and received a DD Form 214 when he was released from the Army 
Reserve.



7.	Army Regulation 635-5 (Separation Documents) states, service members who serve 
on active duty for a period of 90 days or more will receive a DD Form 214.

8.	On 10 June 2011, the applicant changed his legal name to "XX, XXX.," by court 
order of the Circuit Court for . The was no evidence provided 
to support the applicant's stated reason for the name change.

BOARD DISCUSSION:

1.	The evidence presented does not demonstrate the existence of a probable error or 
injustice pertaining to the applicant's request to correct his name in the record. The 
Board considered the applicant's statement and the court order he provided.  The 
Board found no evidence in the applicant’s record of the name he requests to reflect on 
his DD Form 214; the applicant's official military personnel file contains documents that 
show he consistently used the name listed on his DD Form 214 and entrance 
documents, throughout his service. The Board found insufficient evidence in support of 
the applicant's stated reasons for his name change. The Board agreed regulatory 
guidance provides for the maintaining of military records as they were during the 
member’s period of service, absent an error or injustice. Based on a preponderance of 
evidence, the Board determined relief was not warranted.

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 document and other current identification documents.

3.	The Board also discussed that the applicant may not be aware of the ability to go to 
the nearest military installation’s DEERS (Defense Enrollment Eligibility Reporting 
System) office to change the name in his records.



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 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214. It states the purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service at the time of release from active duty, retirement, or discharge after at least 90



days of service. It is important that information entered on the form be complete and 
accurate and reflects the conditions as they existed at the time of separation.


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