ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE: 25 April 2019 

	DOCKET NUMBER:  AR20180014487


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 31 December 2015, to show his first 
name as "XXXXX" instead of "XXXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	3 copies of his DD Form 214
*	Final Order Changing Name of Adult
*	Drivers License

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.  Having 12 years, 3 months and 4 days prior active service, the applicant entered 
active duty as a member of the Army National Guard on 1 November 2005.  

3.  He honorably retired on 31 December 2015.  Item 1 Name (Last, First, Middle) of his 
DD Form 214 shows his first name listed as "XXXXX."

4.  The applicant provides a copy of a Final Order Changing Name of Adult from the 
Superior Court that changed his first name to 
"XXXXX" on 21 March 2017, after his period of active service.  

5.  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.  



BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the court order the applicant provided, 
the date on the order and determined that the applicant’s DD Form 214 was 
representative of the name he used at the time of separation and that there was no 
error or stated injustice.  The Board determined that the applicant should be advised 
that this decision will be filed in his records and should serve to clarify the difference in 
the first name used during service and his current first name.

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

:	:	:	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 635-8 (Separation Processing and Documents) prescribes the 
separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  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.   

ABCMR Record of Proceedings (cont)	 AR20180014487

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