ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  24 June 2019

	DOCKET NUMBER:  AR20180016672


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the correct first name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	copies of photo identifications (ID)
*	Notification of Birth Registration
*	DD Form 214
*	Certificate of Honorable Discharge

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, in effect, his first name was entered wrong at the time he 
entered [military] service.  His first name should be X__e, not X__d.

3.  The applicant's military service records are not available for the Board for review.  A 
fire destroyed approximately 18 million service members' records at the National 
Personnel Records Center in 1973.  It is believed that the applicant's records were lost 
or destroyed in that fire.

4.  The applicant's case is being considered using the documents provided by the 
applicant and a partially reconstructed record.

5.  His reconstructed record contains the following: 

*	Selective Service roster – the applicant's first name appears on this document as 
X__d
*	Special Orders Number 28, wherein his first name appears as X__d

6.  The applicant provides his:

*	photo IDs wherein his first name appears as X__e
*	Notification of Birth Registration from the Bureau of Census, which shows his first 
name as X__e
*	DD Form 214 which shows he completed 1 year, 11 months, and 2 days of 
honorable active duty service, his name is listed as X__d
*	Certificate of Honorable Discharge dated 31 January 1963, wherein his first 
name appears as X__d

7.  Army Regulation (AR) 635-8 (Separation Processing and Documents) states 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 serve at the time of release from active duty, retirement, or discharge.

8.  AR 15-185 (Army Board for Correction of Military Records) provides that the ABCMR 
begins its consideration of each case with the presumption of administrative regularity.  
The applicant has the burden of proving an error or injustice by a preponderance of the 
evidence. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the belief that 
his records were lost of destroyed in a fire at the National Records Center, the first 
name recorded on the available records of service, the first name in an available record 
authenticated by his signature and the post service documents he provided showing a 
different first name.  The Board found the contested first name on all of his available 
service records.  Based on a preponderance of evidence, the Board determined that the 
first name recorded on the applicant’s DD Form 214 is not in error or unjust. 

2.  The applicant is advised that this decision will be filed in his official personnel 
records to clarify the difference between the first name in those records and the first 
name he uses today.   

3.  After reviewing the application and all supporting documents, the Board found 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 (AR) 635-8 (Separation Processing and Documents) states 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 serve at the time of release from active duty, retirement, or discharge.

3.  AR 15-185 (Army Board for Correction of Military Records) prescribes the policies 
and procedures for correction of military records by the Secretary of the Army, acting 
through the ABCMR.  The regulation provides that the ABCMR begins its consideration 
of each case with the presumption of administrative regularity.  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.


ABCMR Record of Proceedings (cont)	 AR20180016672

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