ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20180006383 APPLICANT REQUESTS: his name be changed from X X to X X on all military records APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * court document, 27 April 1977 * birth certificate card, 17 August 1978 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 provides: * court document, dated 27 April 1977, that shows his name legally changed from X X to X X because he was raised by his aunt who is named is Su , and has always gone by Su * SC birth certificate card, dated 17 August 1978, that shows his name as X X 3. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 12 June 1968. His name is shown as X X in block 1 (Name) of his DD Form 47 (Record of Induction). b. Block 1 (Name) of DA Form 20 (Enlisted Qualification Record) shows his name as X X . c. He was honorably transferred to the US Army Reserves on 11 June 1970. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his name as X X . 4. By regulation, Army Regulation 635-5 (Personnel Separations-Separation Documents) states 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 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, absent evidence that shows a material error or injustice. 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. 11/12/2019 X CHAIRPERSON Signed by: X 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 (Personnel Separations-Separation Documents) states 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. Paragraph 17 (Item 1) states enter last name, first name; and full middle name or names, if any. //NOTHING FOLLOWS//