ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 May 2019 DOCKET NUMBER: AR20190000515 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name as ______ Jr. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant Letter * Petition for Name Change 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. Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999021170 on 11 June 1999. 3. The applicant states, in effect, that he used his birth name, _____Jr, up until 16 January 1990. On 16 January 1990, he legally changed his name to ___ in order to distinguish himself from his father, ____ Sr. He used the name ___ throughout his military service. He legally changed his name back to ____ Jr. on 7 January 1999. 4. The applicant enlisted in the Regular Army on 31 March 1992. His name is shown as ____ on his enlistment contract. 5. The applicant was released from active duty on 4 January 1995. His DD Form 214 shows his name as _____. The name listed on his DD Form 214 is the only name recorded in his military records. 6. On 7 January 1999, he legally changed his name back to ____Jr. The court order directing this action is not filed in his military records. Further, the record is void of any request to change his name prior to his release from active duty. 7. The applicant's request to have his name changed in his military records was previously considered by the Board and denied on 6 August 1999. The reason cited was that the name change occurred after the termination of his active duty service. 8. Army Regulation 635-5 (Separation Documents) prescribes 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 to amend the decision of the ABCMR set forth in Docket Number AR1999021170 on 11 June 1999. 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) 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) AR20190000515 0 3 1