ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  24 September 2019

	DOCKET NUMBER:  AR20180013479


APPLICANT REQUESTS:  correction of item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with separation date 29 August 1970, to change his middle name to read as X, X. Xx____ instead of X, X. Xx____.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Circuit Court Name Change Judgement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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.  Applicant states he would like for his DD Form 214 to reflect his name change so his grave marker will show the same name.

3.  His service records show:

	a.  He was inducted into the United States Army on 12 December 1967.  Block 1 (Last Name, First Name, Middle Name) of his Induction Record shows his name as "X, X. Xx____”.

	b.  His DD Form 214 for the period 12 December 1967 through 8 January 1970 and all the other official records or documents in his military record reflect his name as " X, X. Xx____."  These documents also include, but are not limited to, the DA Form 20 (Enlisted Qualification Record).

	c.  His military record is void of evidence which shows his requested name listed as X, X. Xx____.

4.  The applicant provides a court order, dated 4 May 2018, which changed his name from X. Xx____ X to X. Xx_____ X.

5.  Army Regulation 635-5 (Separation Documents) directs that 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.  The DD Form 214 reflect the facts and circumstances at the time of separation.

BOARD DISCUSSION:

1.  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 found within the military service record, the Board concluded that the name of the applicant reflected on the DD Form 214 is consistent with all military records during service.  As a result, the Board felt the DD Form 214 was correct at the time of separation and needs to remain the same.  The Board found no reason was provided to justify a change to the record.  

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 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 (Separation Documents) establishes the policy for preparing and distributing the DD Form 214.  The regulation directs that 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.  


ABCMR Record of Proceedings (cont)	 AR20180013479


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