ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  13 September 2019

	DOCKET NUMBER:  AR20180008751


APPLICANT REQUESTS:  to change his name (Name (Last, First, Middle) from 
X__ X__X__ to X__ X__X__

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Records)
* Court Order Approval

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 states he would like for his name to be changed on his DD Form 214 from X__ X__X__ to X__ X__X__.

3.  The applicant provides a court order approval on 30 September 2013, shows his name change from X__ X__X__  to X__ X__X__.

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

	a.  He enlisted in Regular Army on 15 March 1984 followed by an immediate reenlistment on 23 January 1987, his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) in block 1 show his name as X__ X__X__.

	b.  On 22 January 1990, he was honorably discharged from active duty.  He completed 5 years, 10 months and 8 days of active duty during this period.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his name in block 1 as X__ X__X__.

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 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 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)	AR20180008751


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