ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20180011134


APPLICANT REQUESTS:  to change his service records to reflect his legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Dougherty County, GA Superior Court Order 6406

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 request to have his military records changed to reflect his new legal name.  He changed his name from X__ X. X___ to X__ X__ X___.

3.  The applicant provides a copy of his change of name court order issued by the Dougherty County, GA Superior Court.

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

	a.  He enlisted in the Regular Army on 25 November 1969. He was assigned to Company B, U.S. Army Reception Battalion Fort Jackson, SC

	b.  He was discharged under the provisions of Chapter 5 Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) with an honorable characterization of service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects he completed 21 days of active service.  

	c.  All documents available in his service records reflect the name he originally enlisted under and not his legally changed name.  

5.  By regulation (635-5), 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.  His DD Form 214 reflects the name he enlisted under

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The change occurred long after the applicant had been separated.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and Board members believed there is an insufficient evidentiary basis for changing his name.

The applicant is advised, however, 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 (AR) 635-5 (Personnel Separations – Separation Documents), in effect at the time, 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.  His DD Form 214 reflects the name he enlisted under.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180011134


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