ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20180013860


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)
*	DD Form 214 for the period ending 9 August 1974
*	States of South Dakota Marriage Certificate 
*	Universal Life Church Ministries Certificate of Marriage
*	State of South Dakota Department of Health Certificate of Marriage 

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 (ABCMR) 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 he changed his last name because of marriage.  

3.  The applicant was inducted into the Army of the United States on 2 August 1968.  
His DD Form 47 (Record of Induction) shows his last name as X _ _ _ _.  

4.  The applicant reenlisted on 28 May 1970 and on 9 August 1974.  His DD Forms 
4 (Enlistment Contract – Armed Forces of the United States) show his last name as 
X_ _ _ _.

5.  A review of the applicant's military record reveals he served under the last name 
X_ _ _ _ throughout the entire periods of his active duty service.  There is no 
evidence that shows he ever listed his last name as X_ _ _ _ _ _ _ during his military 
service.

6.  The applicant was discharged on 8 August 1977.  His DD Form 214 shows his 
last name as X _ _ _ _.
7.  The applicant provided marriage certificates showing he married in August 2015 
and showing his last name as X_ _ _ _ _ _ _.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
relief is not warranted.

2.  The Board concluded the applicant's DD Forms 214 accurately reflect the name 
under which he served.  Without any extenuating factors other than a name change 
due to marriage, the Board no evidence in this case that would support a 
recommendation to grant relief.  

3.  The Board noted that a copy of this decisional document will be filed in his 
military personnel records.  This should serve to clarify any questions or confusion in 
regard to the difference between the last name recorded in his military record and 
the last name he now uses.

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 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 (Separations Documents), in effect during the applicant's 
active duty service, prescribed the separation documents prepared for Soldiers upon 
retirement, discharge, or release from active military service or control of the Army.  
It established standardized policy for the preparation of the DD Form 214.  It states 
the DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time 
of release from active duty, retirement, or discharge.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180013860

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