ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20180002770 APPLICANT REQUESTS: to change his name from Xx__ Xx__ Xx__ to Xx__ Xx__ Xx__ II (his name is transposed). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * Certificate of Birth * Medicare Health Insurance Card * American Legion Membership Card * Driver’s License * United States Passport * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his name on his DD Form 214 reads Xx__ Xx__ Xx__, but when he located his birth certificate recently, he was to verify that his birth name is Xx__ Xx__ Xx__ II. His name was recorded incorrectly on his DD Form 214, because it was incorrect on his baptismal certificate, which was used when he registered for the service. 3. The applicant provides: * his birth certificate that reflects his actual birth name * his Medicare health insurance card that reflects his birth name * American Legion Membership that reflects his birth name * driver license issued by the North Carolina that reflects his birth name * United States Passport that reflects his birth name * * DD Form 214 that reflects his incorrect birth name 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 27 April 1966, his DD Form 47 (Record of Induction) in block 1 (Name (Last, First, Middle) shows his name as Xx__ Xx__ Xx__. b. On 26 April 1968, he was honorably discharged from active duty. He completed 2 years of active service during this period. His DD Form 214 shows in block 1 (Name (Last, First, Middle) Xx__, Xx__ Xx__. 5. By regulation, Army Regulation 635-5 (Personnel Separations - Separation Documents), 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 service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The instructions for completing the DD Form 214 states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate. Compare the enlisted record brief/officer record brief to contract for possible name change. BOARD DISCUSSION: After review of the application and all evidence, the Board determined the evidence presented 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. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created, absent evidence that shows a material error or injustice. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his legal name documented in his military 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. 11/12/2019 X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in their 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. There 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 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Section II – Instructions for Preparing DD Form 214. It states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate. Compare the enlisted record brief/officer record brief to contract for possible name change. //NOTHING FOLLOWS//