ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  .

	BOARD DATE:  5 November 2019

	DOCKET NUMBER:  AR20180005895


APPLICANT REQUESTS: his military records be changed to reflect his new name. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self Authored Statement
*	Order and Certificate of Name Change
*	Certification of Birth
*	DD Form 214 


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 would like his military records including awards, medals, 
and DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 
his new name change of X___ X___ X___.

3.  The applicant provides:

	a.  A self authored statement that states he wishes to have his name changed on 
his military records from “X___ X___ X___ X___“ to X___ X___ X___ “.  He has 
legally changed in the state of North Carolina due to his ideology in his Christian 
faith 

	b.  A copy of an order and certificate of name change from “X___ X___ X___ 
X___ “ to “X___ X___ X___“, dated 7 December 1999.

	c.  A copy of a certification of birth which shows the applicant’s name as “X___ 
X___ X___.“

	d.  A copy of DD Form 214, effective date 29 May 1979.

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

	a.  He enlisted in the Regular Army (RA) on 18 June 1976.  His DD Form 214, 
effective date 29 May 1979, shows in item 1 Name (Last, first, middle) “X___ X___ 
X___ X___“.

	b.  On 6 July 1983, he received an under honorable conditions (general) 
discharge.  His DD Form 214 shows in item 1 Name (Last, first, middle) “X___ X___ 
X___ X___.“

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.

6.  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 found the 
relief was not warranted.  Based upon the documentary evidence showing that the 
applicant legally changed his name post-service and after the publication date of the 
DD Form 214, the Board found there is insufficient evidence of an error or injustice 
which would warrant a correction to the record.  The Board wished to inform the 
applicant that the information on a DD Form 214 captures information at the time of 
publication and will not be changed when post-service changes occur without just 
cause.

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 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 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180005895

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