ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                

                  BOARD DATE:  21 May 2019

                  DOCKET NUMBER:  AR20180013963


APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), item 1 NAME (Last, First, Middle) for the period ending 
7 April 1987 to show his name as “B______, B______” instead of “B______, N_____ 
R___.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Superior Court Law Division, dated 27 July 2018
FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (ABCMR) has elected 
to conduct a substantive review of this case and, only to the extent relief, if any, is 
granted, has determined it is in the interest of justice to excuse the applicant's failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute of 
limitations for timely filing.

2.  The applicant states his official name has been changed from “N_____ R___ 
B_______” to “B_____ B______,” effective 10 September 2018, and he needs to have 
his name corrected on his DD Form 214.

4.  The applicant was honorably released from active duty on 7 April 1987.  Item 1 of his 
DD Form 214 shows his name as “B______, N_____ R___.” 

5.  A review of the applicant’s military records shows his name of “B______, N_____ 
R___.”

6.  He provides a final judgement from the Superior Court , Law Division 
Judgment that shows he legally changed his name to “B_____ B______” with an 
effective date of 10 September 2018. 

7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers 
upon retirement, discharge, or release from active military service or control of the 
Army.  The applicant’s name was correct at the time of his separation.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the name 
throughout his service records and the court documented name change.  The Board 
determined that his DD Form 214 show the name he was serving under at the time of 
his separation; there was not error or injustice requiring a correction.  The Board 
advises the applicant that a copy of this decision will be placed in his official records to 
clarify the difference in the first name appearing in his records and the first name he 
currently uses.  

2.  After reviewing the application and all supporting documents, the Board determined 
that relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	      :	      :	FULL GRANT

:	      :	      :	PARTIAL GRANT

:	      :	      :	FORMAL HEARING GRANT

: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 NOTES(S):  Not Applicable.


REFERENCES

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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 establishes standardized policy for the 
preparation of the DD Form 214.  For item 1, enter last name, first name, and full middle 
name or names, if any at the time of separation.

   


ABCMR Record of Proceedings (cont)                                                  AR20180013963
	 	
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