ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 September 2019

	DOCKET NUMBER:  AR20180003133


APPLICANT REQUESTS: to change his middle name from X___ to X___ (his middle 
name is transposed).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149s (Application for Correction of Military Records)
*	mother Mexican United States (U.S.) birth certificate
*	applicant birth certificate
*	DD Form 214 (Armed Forces of the U.S. 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 that his middle name is listed as X___.  This is not his middle 
name, however it is his father's middle name.  He is requesting that his record be 
corrected to show his middle name as X___.  His middle name derives from his 
mother's maiden name.

3.  The applicant provides:

*	his mother’s Mexican U.S. birth certificate, dated 23 February 1989, shows his 
mother as X___ X___ X___
*	applicant birth certificate, dated 19 March 2004, does not reflect a middle name 

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

	a.  He was inducted in the Army of the U.S. on 3 September 1969.  His DD Form 47 
(Record of Induction), dated 4 June 1969, shows on page one his name as X___, X___ 
X___ X.  USAREC Form 180-R (Acknowledgment of Service Obligation), dated 
3 September 1969, shows his name as X___ X___ X. X___.  He signed USAREC Form 
180-R on 3 September 1969 using the name X___ X___ X. X___.

	b.  On 14 April 1971, he was honorably released from active duty training for early 
separation of overseas returnee and transferred to the U.S. Army Reserves (USAR) 
Control Group (Annual Training).  He completed 1 year, 7 months and 7 days of active 
service.  His DD Form 214 shows in block 1 (Last Name, First Name, Middle Name) 
X___ X___ X___ X.

	c.  On 1 September 1975, he was honorably released from the USAR Control Group 
Standby for expiration of term of service.  His name shows as X___ X___ X X.

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.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board found relief is not warranted.  
The contested name was used during his entire period of service.  In the Board’s 
opinion, the Army has requirement to protect the integrity of records and making a 
change to a name on a DD Form 214 is a significant change that warrants extreme 
caution.  Because the name on the DD Form 214 accurately depicts the name 
throughout the military service record of the service member’s record, the Board 
concluded there was insufficient evidence of an error or injustice which would warrant 
making a change to the service member’s record.

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 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.

ABCMR Record of Proceedings (cont)	AR20170013498

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