ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  13 June 2019

	DOCKET NUMBER:  AR20180013361


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty) to show his last name as "X" instead of "X."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	 County Family Court Consent, dated  
17 December 1973
*	Birth Certificate, dated 22 March 1974
*	DD Form 214

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, his stepfather adopted him on XX December XX, 
roughly a month before he entered military service.  The applicant never took his 
adoptive father’s last name, serving his entire military service with the last name, "X"

3.  The applicant’s birth certificate reissued on XX March XXX after his adoption, shows 
his legal last name as X."

4.  A review of the applicant’s DD Form 4 (Enlistment Contract – Armed Forces of the 
United States) shows that he enlisted into the Regular Army on 29 January 1974 under 
the last name "X"

5.  The applicant’s records are void of any documentation with his requested name.  
The record is also void of any request to change his name prior to his release from 
active duty.

6.  The applicant was released from active duty on 8 February 1977.  His DD Form 214 
shows his last name as "X."  

7.  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 his 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.

BOARD DISCUSSION:

1.  The evidence presented does not demonstrate the existence of a probable error or 
injustice pertaining to the applicant's request to correct his name in the record.  The 
Board found no evidence in the applicant’s record of the name he requests to reflect on 
his DD Form 214; the applicant's official military personnel file contains documents that 
show he consistently used the name listed on his DD Form 214 and entrance 
documents, throughout his service. The Board agreed regulatory guidance provides for 
the maintaining of military records as they were during the member’s period of service.

2.  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 
about the difference in the name recorded in his military records and the name on his 
marriage certificate and other current identification documents.

3.  The Board also discussed that the applicant may not be aware of the ability to go to 
the nearest military installation’s DEERS (Defense Enrollment Eligibility Reporting 
System) office to change the name in his records.  

4.  The Board also discussed that the applicant could go to the nearest military 
installation Retirement Services Office to make the final corrections regarding his name 
change.

?
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.

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) 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 his 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)	 AR20180013361
	
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