ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20180012850


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)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge
*	NGB Form 22 (Report of Separation and Record of Service in the Army National 
Guard of Georgia and as a Reserve of the Army
*	NGB Form 55 (Discharge Certificate)
*	Certificate of Live Birth, North Carolina
*	Certificate of Change of Name Superior Court 
*	 Court Order 91-A07223

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 last name to his birth father’s name X___  

3.  The applicant provides: 

	a.  His DD Form 214 showing his active duty for training from 16 February 1963 to 
15 August 1963.

	b.   His NGB Form 55 showing his Reserve service from 23 January 1963 to 
1 August 1969.

	c.  Honorable Discharge certificate from the Georgia Reserve dated 1 August 1969.
	d.  Certificate of live birth, issued by the state of NC in the applicant’s new name:  
X___ X. X____.

	e.  Certificate of Change of Name issued by the state of on 17 January 1992 as 
the final order of the applicant’s name change from R___ X X___ to X___ X. X____. 

	f.  Court Order number , issued by the Superior Court of on 17 January 1992, ordering the applicant’s name change from X___ X. 
X____ to X___ X. X____.

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

	a.  He enlisted in the U.S. Army Reserve on 23 January 1963.  His DD Form 4 
(Enlistment Record) listed his full name as X___ X. X____. 

	b.  He was ordered to active duty for training for six months by Letter Order Number 
272.  He reported to Fort Jackson, SC for his training on 16 February 1963.

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

	d.  On 15 August 1963, he was honorably released from active duty.  His DD Form 
214 reflects his full name as X___ X. X____.

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.  Based upon the documentary evidence provided by the applicant and 
within the military service record, the Board saw that the name change occurred after 
the Soldier’s separation.  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/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 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 (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)	 AR20180012850

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