ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 September 2019

	DOCKET NUMBER:  AR20180012579


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name to match all other important papers

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of The United States Report of Transfer or 
Discharge)
*	Court Document (Name Change), 5 October 1972
*	Self-Authored Statement

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 in effect, he changed his in 1972 and he would like his DD Form 
214 (Armed Forces of the United States Report of Transfer or Discharge) to be 
corrected in order for it to match with all of his important documents in order to avoid 
confusion.  He tried having it changed at St. Louis Records Center but, he was told they 
had no authority.

3.  The applicant provides:

	a.  A court document dated 5 October 1972 that has his name changed to “XXX.”

	b.  His self-authored statement dated 12 July 2018, which states he needs his DD 
Form 214 to match with his state driver’s license and that would be of great help to him. 

4.  A review of the applicant’s DD Form 4 (Enlistment Record – Armed Forces of the 
United States) revealed that he enlisted into the Regular Army on 20 March 1959 under 
the name “XXX.”
5.  The applicant’s service records are void of any documentation with his requested 
name “X___, X.X.”  The record is also void of any request to change his name prior to 
his release from active duty.  He was released from active duty on 17 September 1961.  
His DD Form 214 shows his name as “XXX.”

6.  Army Regulation 635-5 (Separation Documents) states, in effect, that the  
DD Form 214 will reflect the conditions and circumstances that existed at the time the 
records were created.

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 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 standardized policy 
for preparing and distributing the DD Form 214.  It states 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.  It is important 
that information entered on the form be complete and accurate and reflects the 
conditions as they existed at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012579

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