ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20180011427


APPLICANT REQUESTS:  his name be changed on his records 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Name Change Court Order
* Letter from Social Security Administration
* Driver’s License

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 his request for legal name change has been approved/ordered through the courts and social security administration.  He wishes to have his records corrected to reflect his name change from X__ X__ X__ ---- to X__ X__ X__.

3.  The applicant provides:

   a.  Court Order changing the name of an adult, dated 27 June 2018, which changed his name from X__ X__ X__to X__ X__ X__.

   b.  Letter from Social Security Administration acknowledging his name is X__ X__ X__.

c.  A copy of his Texas driver’s license which shows his name as X__ X__ X__.


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

   a.  He enlisted in the regular Army on 29 November 1968.  His DD Form 4 (Enlistment Contract) shows item 5 (Last Name, First Name, Middle Name) as X__ X__ X__.

   b.  His DA Form 2-1 (Personnel Qualification Record), dated 5 April 1988, item 1(Name) shows X__, X__ X__.

   c.  He was honorably separated on 30 November 1988, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 1 Name (Last, First, Middle) X__, X__ X__.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.

6.  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 reviewing the application and all supporting documents, the Board found 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 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 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), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180011427


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