ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  3 May 2019

	DOCKET NUMBER:  AR20180014478


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty), for the period ending 18 November 1978, to show the spelling of his name 
as " ____ ___ _____, III" instead of " ___ _____."   

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	State of Hawaii, Office of The Lieutenant Governor – Notice of Change of Name, 
dated 16 March 1990 

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 name was legally changed and would like his DD Form 214 
changed to apply for veteran benefits. 

3.  The applicant enlisted in the Regular Army on 19 November 1975.  His DD Form 4 
(Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he 
identified his name as ____ _____" and signed his name the same way on the 
document.  

4.  The applicant was honorably released from active duty on 18 November 1978.   
Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of 
his name as " ___ ______."  He signed his name the same way on the document.

5.  A review of his official military personnel file revealed all documents showing his 
name was spelled consistently as ____ _____" throughout his military service.

6.  The applicant provides a State of Hawaii, Office of The Lieutenant Governor - Notice 
of Change of Name, dated 16 March 1990 that ordered the applicant's name to be 
changed from " ___ ____" to " ____ ____ _____, III" effective 28 February 1990.

7.  Army Regulation 635-5 (Separation Documents), dated 10 February 1978, directed 
to enter the name in all capital letters in the order shown.  Include abbreviation for 
junior, senior, second, when appropriate.      

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s name change occurred after the 
period of service covered by the DD Form 214.  The Board agreed regulatory guidance 
provides for the maintaining of military records as they were during the members period 
of service.  There were no extenuating circumstances involved such as gender 
transition or placement in the witness protection program.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:TWK	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), dated 10 February 1978, 
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 the name 
in all capital letters in the order shown.  Include abbreviation for junior, senior, second, 
when appropriate at the time of separation.   

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180014478
	
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