ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 September 2019

	DOCKET NUMBER:  AR20180005712


APPLICANT REQUESTS: to change his first and last name from X__X. X__Jr. to 
X__X__X__ on his DD Form 214 (Certificate of Release or Discharge from Active 
Duty)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Verified Service Data Sheet
*	Copy of Birth Certificate and Social Security 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 (ABCMR) 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 changed his name after serving in the military and he 
would like for his DD Form 214 to reflect the name change.  He served under the 
name of X_X. X_Jr. and his current name is Ja-M_ Ba_.

3.  The applicant provides a copy of his birth certificate and social security card 
reflecting his name as X-X_ X_.

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

	a.  He enlisted in the Regular Army on 1 February 1984.  In block 1 (Last-First-
Middle-Jr/Sr. etc.) of his DD Form 4 (Enlistment/Reenlist Document – Armed Forces 
of the United States), shows his name as X_, X_ X_ Jr.

	b.  On 31 January 1988, he was honorably discharged.  He completed 4 years of 
net active service this period.  His DD Form 214 reflects his name in block 1 as X_, 
X_ X_ Jr. 

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.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed. 

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.


	  
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 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//

ABCMR Record of Proceedings (cont)	 AR20180005712

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