ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  

	DOCKET NUMBER:  AR20180013200


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name changed from “X___ X___ X___” to 
“X___ X___ X___”.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) (AKA: Bailey, Joe R)
*	Court Order, Probate Court, , dated 29 November 2010 
(Legal Name Change)
*	document titled “Social Security Administration Retirement, Survivors and 
Disability Insurance”, dated 14 June 2017

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, there are some programs available to him, but he 
would need his DD Form 214 to show his current legal name to get into them.

3.  The applicant provides:

	a.  A copy of a Court Order from the Probate Court, L, ordering his 
name to be changed from “X___ X___ X___ ii” to “X___ X___ X___”, effective
29 November 2010.

	b.  A document titled “Social Security Administration Retirement, Survivors and 
Disability Insurance”, dated 14 June 2017, addressed from the Social Security Office 
(SSO), Decatur, AL, to the applicant.  The document shows the applicant’s name as 
“X___ X___ X___” and addresses the applicant has had two additional name changes 
under the social security number assigned to him, other than the name given to him at 
birth.
4.  The applicant’s service record was void of circumstances surrounding his multiple 
name changes.

5.  His service record contained documentation to support the name “X___ X___ X___” 
as reflected on the SSO documentation.  Based on the documentation in his service 
record:

	a.  He enlisted in the U.S. Army Reserve (USAR) for 8 years on 6 January 1986.  
His DD Form 4 (Enlistment or Reenlistment Agreement Document Armed Forces of the 
United States) shows in Item 1 (Last Name, First Name, Middle), his last name as X___; 
his first name as X___; his middle name as X___.  A copy of his birth certificate 
(illegible) and Social Security Card were included in the applicant’s enlistment packet, 
showing the name on his enlistment documents were consistent with his legal 
documents at that time.

	b.  DA Form 2-1 (Enlisted Personnel Record – Part II), shows in Item 1 (Name), the 
applicant’s name at the time was: last name, X___; his first name as X___; his middle 
name as X___.

	c.  He was released honorably from ADT and returned to the USAR on 
29 August 1986.  His DD Form 214 shows in Item 1 (Last, First, Middle), the last name 
as X___, his first name as X___, and his middle name as X___.

6.  The applicant’s service record was void of documentation showing his name as 
“X___ X___ X___ II” as reflected on the court order.

7.  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.

	a.  The general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.  The specific instructions for item 1 (Name (Last, First, 
Middle)) stated in part, to enter in all capitals, include “SR,” “JR,” or “II,” if appropriate.

	b.  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 ABCMR limits corrective action to documents that can be 
individually reviewed after a Soldier's separation, such as the DD Form 214.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



	  
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.  

	a.  The general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.  The specific instructions for item 1 (Name (Last, First, 
Middle)) stated in part, to enter in all capitals, include “SR,” “JR,” or “II,” if appropriate.  

	b.  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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180013200

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