ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  19 September 2019

	DOCKET NUMBER:  AR20180007671


APPLICANT REQUESTS: to change his last name on his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) from (his name is 
transposed).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149s (Application for Correction of Military Records)
*	DD Form 214
*	decree of change of name

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 their case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant requests that his name be changed to his birth name.  His mother 
changed his last name when she got married.

3.  The applicant provided his decree of change of name, issued on 22 April  in  
District Court for   The judge order his name be changed from DA___ 

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

	a.  He enlisted in the Regular Army on 3 January 1980.  His DD Form 4 (Enlistment 
Contract – Armed Forces of the U.S.), dated 3 January 1980, shows on pages one and 
four his last name as .  He signed his DD Form 4 on 3 January 1980 using the 
name .

	b.  On 13 December 1982, he was transferred to the U.S. Army Reserve Control 
Group (Reinforcement), St. Louis, MO to complete his remaining reserve obligation until 
14 February 1985.  He completed 2 years, 11 months and 11 days of active service for 
this period.  His DD Form 214 shows in block 1 (Name (Last, First, Middle) 

5.  On 1 February he was honorably released from the Ready Reserve with the 
last name , he was not present for duty, his discharge certificate and discharge 
orders were mailed to his last known address.

6.  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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found that the name 
depicted on the applicant’s DD Form 214 accurately reflects the name used throughout 
the military service.  The court order name change occurred post-service and therefore 
the information on the DD Form 214 was correct at the time of publication.

The Board wished to inform the applicant that events which occur after completion of 
service, such as name changes, do not warrant a correction to the 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 their 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.  
There 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), 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 states for block 1 enter the name in all capital letters, include 
"JR," "SR," or "II," if appropriate.

ABCMR Record of Proceedings (cont)	AR20180007671

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