ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  29 April 2019

	DOCKET NUMBER:  AR20180014649


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the name listed on his birth certificate.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Birth Certificate
* 2 Social Security Administration Cards
* Texas Commercial Driver License
* California Identification Card
* Company Identification Card

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, at the age of 5, he started using his stepfather's last name and he went by the name XX.  Having his birth name, XXX IV, on his DD Form 214 will allow him to be recognized as a veteran by the state of Texas.

3.  Prior to his enlistment in the Regular Army, the applicant completed a DD Form 1966 (Record of Military Processing-Armed Forces of the United States).  Item 48 (Statement of Name for Official Military Records) of this form, shows he requested to use his preferred name, XX and in doing so, he acknowledged that his preferred name was not the name listed on his birth certificate.  He also indicated that the name XX was the name associated with his social security account number.

4.  On 16 July 1985, he enlisted in the Regular Army.  His enlistment contract shows his name as XX in item 1 (Name (Last, First, Middle)).

5.  He was released from active duty on 15 July 1989.  Item 1 (Name) of his DD Form 214 lists his name as XX.

6.  The name XX is the only name found in his military record during his enlistment.

7.  The applicant provides numerous forms of identification with different variations of his name; however, his social security card, issued on 28 December 2017, and his Texas Commercial Driver License, lists his name as XXX IV.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief.  The applicant’s contentions and official documentation were carefully considered.  The applicant listed both names on his enlistment contract and DD Form 1966. The applicant is experiencing a hardship in Texas in that his identification cards do not match his DD Form 214.  After discussing the circumstances discussed in this case, the Board agreed it is equitable to reflect the name change in the official record.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X 	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) with the following amendments:  The applicant's legal name, as recorded on the applicant’s birth certificate, will be entered in item 1 (Name).


	 
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) establishes the standardized policy for preparing and distributing the DD Form 214.  It states to compare original enlistment contract or appointment order and review official record for possible name changes.  If a name change has occurred list other names of record in block 18 of the DD Form 214.


ABCMR Record of Proceedings (cont)	 AR20180014649
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