ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 July 2019

	DOCKET NUMBER:  AR20180016104


APPLICANT REQUESTS:  his name changed from X__ X___ on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his full name X__ X___ X___. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 428 (Application for Identification Card
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 214 

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 the name on his birth certificate is X___ X___ X___ and he requests it be placed on his DD Form 214.  His driver’s license did not match when he needed to renew his commercial driver’s license (CDL).  His birth certificate has his full name, and he had to change his name on his social security card, bank cards, and everything that pertains to him.  He is requesting the name change so everything matches.

3.  A review of the applicant’s service records show:

	a.  He enlisted in the U.S. Army Reserve under the Delayed Entry Program on 26 March 1979.  He signed block 16a (signature) of his Enlistment Contract as X___ X___ on 26 March 1979.

	b.  He enlisted in the Regular Army on 31 January 1980 under the name of X___ , X___ in block 1 (name ) on his DD Form 4.  He signed block 16b (signature) as X___ X___ X___ on 31 January 1980.

	c.  On 6 July 1983, he signed DA Form 428 to have his damaged identification card replaced.  The form shows his name as X___, X___, and name plate on his attached picture shows the same name.  He signed the form X___ X___.

	d.  His DA Form 2-1, shows his name X___, X___ in block 1 (name).  He signed the form X___ X___ in block 34 (signature) on 25 January 1984. 

	e.  He was honorably released from active duty on 27 January 1984.  Block 1 (Name (Last, First, Middle)) of his DD Form 214 shows his full name as X___, X___.

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the requested name appearing on the applicant’s DA Form 4, the Board concluded that the correction to the applicant’s DD 214 showing the requested name had merit.

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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing Box 1 to read, “X___ X___ X__” as depicted on his DA Form 4, Box 16b.
	 
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.


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), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any.

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  


ABCMR Record of Proceedings (cont)	 AR20180016104


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