ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


   BOARD DATE:  21 May 2019

   DOCKET NUMBER:  AR20180015282


APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 16 March 1962 to reflect 
his entire name as "X_ X____is X______."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Bureau of Vital Statistics, Certified Copy of Birth  Record
*	A letter from the Department of Veterans Affairs (VA) Medical Center
*	DD Form 214

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 he wants his DD Form 214 corrected to list his full name as 
"X__ X____is X_____."

3.  On 16 March 1962, he was honorably released from active duty.  His DD Form 214, 
item 1 Name (Last, Middle, First) shows his name as "X______, X__ X____."

4.  A review of all of his military records shows his name as "X__ X___ X_____."

5.  He provides a copy of his birth certificate, which lists his full name as "X__ X____ 
X______" and a letter from the VA, which states the applicant’s name is officially 
recorded as "X__ X____ X______."
6.  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:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  The contested name was used throughout the period 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

:	      :	      :	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) in effect at the time, 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.  The DD Form 214 is a synopsis of the Soldier's most 
recent period of continuous active duty.  It provides a brief, clear-cut record of active 
Army service at the time of release from active duty, retirement, or discharge.  It is 
important that information entered on the form be complete and accurate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                                  AR20180015282
	 	
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