ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20180002939 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change on all military records from “Nxxxx_r Rxxx_l Cxx” to “Rxx_l Axxxx” (the first name from Nxxx to Rxxx_l and the middle name from Rxxx to no middle name and the last name to Axxxx APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Copy of Court Order for change of name 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 he would like to change his name on his military documents. His DD Form 214 item 1 (Last Name, First Name, Middle) should reflect his legal name of Rxx_l Axxxx. 3. The applicant provides a copy of a court order for change of name dated 22 March 2004 which shows a legal name change from “N_xxx Rxxx_l C_xxs” to “Rxxx_l Axxxx. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 21 October 1985. His DD Form 4 (Enlistment or Reenlistment agreement) shows in Item 1 (Last Name, First Name, Middle), his last name as C_, his first name as N_, and his middle name as R_x b. His DA Form 2-1 (Personnel Qualification Record – Part I) dated 23 October 1985 shows that item 1 (Last Name, First Name, Middle), his last name as Co_, his first name as Nxxxxxe_, and his middle name as Rxxxxl. c. He was retired from active duty on 10 March 1986. His DD 214 shows in Item 1 (Last Name, First Name, Middle) his last name as Co_s, his first name as Ne_r, and his middle name as Ra_l. Applicant was unavailable for signature. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. b. 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. 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 found that the requested name was legally changed after period covered by the DD Form 214. The Board wished to inform the applicant that the DD Form 214 captures information as is true at the time of publication and events after the date of publication does not warrant a change or correction. 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. 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 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any.