ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 September 2019

	DOCKET NUMBER:  AR20180002451


APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge) be changed to reflect his legally changed name as Axxxx 
Mxxxx (no middle name) in Block 1 (Last Name – First Name – Middle Name). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	State of Tennessee Certificate of Birth
*	Knox County Tennessee Notarized Petition for Name Change
*	Court,  Order for Change of Name
*	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 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, the name on his DD Form 214 is incorrect.  He changed his 
name, and wants his, now incorrect, name changed on his DD Form 214.

3.  The applicant provides:

a.  State of Tennessee Certificate of Birth showing his birth name as Jxxx Gxxx
Dxxx, and his birthdate as XX J___ XXXX.

b.  State of Tennessee notary public oath, dated 29 November 2011, verifying the
petition for name change to be true and correct.  

c.  Court Order, dated 7 March 2012 that shows his name
X___ X___ X___ shall be and henceforth is X___ X___.

	
4. A review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 27 May 1970.  His DD 
Form 47 (Record of Induction) shows in Block 1 (Last Name – First Name – Middle 
Name) X___ X___NMN (no middle name), registrant prefers to be known as Dxxxx 
Jxxxx Gxxxx.  It also shows his Service Number XXX-X-XXXX and Date of Birth XX 
June XXXX.

	b.  DA Form 428 (Application for Identification Card) shows in Block 1 (Last Name – 
First Name – Middle Name) Dxxxx Jxxxx G, and his SSN XXX-X-XXXX

	c.  DD Form 369 (Armed Forces Fingerprint Card), dated 28 May 1970, shows the 
signature of person fingerprinted as X___ X___ X___.  His DOB is XX J___ XXXX and 
his Service Number is XXX X XXXX

	d.  DA Form 20 (Enlisted Qualification Record) shows in Block 1 (Name and Service 
Number) X___ X___ X___, XXX X XXXX.

	e.  He was honorably released from active duty on 11 December 1971.  His DD 
Form 214 shows in Block 1 (Last Name – First Name – Middle Name) X___ X___ X___.

5.  By regulation (AR 635-5), the DD Form 214 is a synopsis of the Soldier’s most 
recent period of continuous active duty.  It provides a brief, clear-cut record of active 
Army service at the time of release from active duty, retirement, or discharge.  

6.  By regulation (AR 15-185 (ABCMR)) the ABCMR begins its consideration of each 
case with the presumption of administrative regularity, which is that what the Army did 
was correct.  The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  

7.  For historical purposes, the Army has an interest in maintaining the integrity of its 
records.  The data and information contained in those records should reflect the 
conditions and circumstances that existed at the time the records were created.  



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the applicant using the name depicted on the DD 
Form 214 throughout his military service and the name change occurred post-service, 
the Board determined there was no error or injustice which warranted correction.

The Board wished to inform the applicant that the DD Form 214 captures information at 
the time of publishing the document and life events that occurred after service are not 
something that warrants a correction to the document.

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 (AR) 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application.  The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

3.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It established standardized policy for the 
preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the 
Soldier’s most recent period of continuous active duty.  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)	 AR20180002451

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