ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 September 2019

	DOCKET NUMBER:  AR20180003745


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty) to show his legal name change from X__ X__ X__ to X__ X__ X__.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
*  District Court – Order Changing Name, dated 9 October 2015
*  Certificate of Birth (amended, dated 2 November 2015)
* Social Security Number (SSN)/Passport 
* Driver’s License/Veteran Affairs (VA) Card

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 is requesting his name be changed from X__ X__ X__ to X__ X__ X__ on his DD Form 214.  His name was legally changed by order of Spokane County, Washington District Court on 9 October 2015 to X__ X__ X__.

3.  The applicant provides:  

* No.  District Court – Order Changing Name, dated 9 October 2015
* DD Form 214
* Certificate of Birth (amended, dated 2 November 2015)
* Social Security Number (SSN)/Passport 
* Driver’s License/Veteran Affairs (VA) Card

4.  A review of the applicant’s service records shows the following:
	a.  On 28 June 1974, he enlisted in the Regular Army (RA) under the name X__ X__ X__.

	b.  On 21 June 1976, the applicant was honorably released from active duty.  His DD Form 214 reflected his full name as "X__ X__ X__” in block 1 (Name). 

5.  By regulation (AR 635-5), 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. Item 1 (Name) enter name in order shown on DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Insufficient evidence was provided to show the applicant served in the military under the requested name.  The DD Form 214 shows the facts and circumstance at time of separation.  Board members noted that the Army has an interest in maintaining the accuracy 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.  In the absence of compelling information to the contrary, there is no basis for changing his DOB in this case.

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 that 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 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180003745


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