ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  3 May 2019

	DOCKET NUMBER:  AR20190000360


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from 
Active Duty) to show his legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Petition to Change Name, dated 29 April 1996
*	Certificate of Birth, Commonwealth of Pennsylvania
*	Social Security Administration Card
*	Commercial Driver's License, Pennsylvania

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 that he legally changed his name to ____.

3.  His military records show that he enlisted in the Regular Army on 3 January 1977.  
His name is listed as ____ on his enlistment contract.

4.  On 19 July 1979, he was discharged from the RA.  His DD Form 214 lists his name 
as ___.

5.  The record is void of a request to change his name or evidence showing he served 
under another name while on active duty.

6.  The applicant provides a court order, which legally changed his name to ___, 
effective on 29 April 1996.  In addition, he provides a birth certificate, social security 
card, and commercial driver's license, which list his name as _____.

7.  Army Regulation 635-5 (Separation Documents) states, in effect, that the DD Form 
214 will reflect the conditions and circumstances that existed at the time the records 
were created.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s name change occurred after the 
period of service 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

:	:	:	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 635-5 (Separation Documents), in effect at the time, 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 duty.  The DD Form 214 is of vital 
importance to the separating Soldier and must be properly prepared according to 
prescribed guidance.  All available military records will be used to prepare this form.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190000360
	
2

1