ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 September 2019

	DOCKET NUMBER:  AR20180006387


APPLICANT REQUESTS:  correction to item 1 (Last Name, First Name, Middle Name) 
of his DD Form 214 (Certificate of Release or Discharge from Active), dated 15 May 
1987, to show his name as "Xxxxxxx, Xxxx X." instead of "Xxxxxxx, Xxxx X."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Copy of Social Security Card
*	Circuit Court Order for Change of Name
*	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 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 wants all of his military records to show his new legal court 
authorized last name.

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

	a.  He enlisted in the Regular Army on 17 March 1982.

	b.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces 
of the United States), dated 24 December 1988 and DD Form 214 for the period of      
17 March 1982 to 15 May 1987 and all the other official records or documents in his 
military record shows his name as "X____, X____ X."

4.  The applicant provides:

	a.  His social security card, dated 4 April 2018, which shows his name as 
X____X____X____.
	b.  County, Circuit Court order for change of name dated,            
15 March 2018, ordered the name change from X____X____X____ to 
X____X____X____.

	c.  DD Form 214 for the period ending 15 May 1987, shows his name as 
X____X____X____.

5.  Army Regulation 635-8 (Separation Processing and Documents), current in effect, 
directed for block 1 (Name) to compare the original enlistment contract or appointment 
letter and review official record for possible name changes.  If a name change has 
occurred list other names of record in block 18 (Remarks).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the applicant using the contested name 
throughout his military service, the name change occurring post-service, and the DD 
Form 214 used to depict correct information at the time of its publication, the Board 
concluded there was no error or injustice which would warrant a change to the 
applicant’s military service 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 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) establishes the policy for preparing 
and distributing the DD Form 214.  The regulation directs that the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  


ABCMR Record of Proceedings (cont)	 AR20180006387

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