ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 February 2019

	DOCKET NUMBER:  AR20180013225


APPLICANT REQUESTS:  correction to his record to show his:

* his legal name as XXXX
* date of birth (DOB) as XX November XXXX

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Judgment Entry – Change of Name of Adult, dated 7 December 2017
* Amended Certificate of Live Birth, dated 13 April 2018
* Certificate of Authenticity, dated 9 May 2018
* State Department Seal, dated 1 June 2018

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 legal name change and corrected DOB should be reflected in his military records.

3.  The applicant served in the Regular Army from 18 September 2006 to 31 October 2008.  His DD Form 214 for this period shows his name as XXXX.

4.  On 7 December 2017, he legally changed his name to XXXXX.

5.  He provides an amended birth certificate, dated 13 April 2018.  This document lists his name as XXXX and his DOB to as XX November XXXX.

6.  The name and DOB listed on his DD Form 214 are the only name and DOB recorded in his military records.
7.  By regulation the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence for partial relief.  The Board agreed the DOB is listed in error; however, the name change is denied since it was completed after the period of service covered by the DD Form 214.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 October 2008 to show the date of birth listed on the amended birth certificate.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending the name listed on the DD Form 214.


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.  All available military records will be used to prepare this form.


ABCMR Record of Proceedings (cont)	 AR20180013225
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