ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  6 May 2019

	DOCKET NUMBER:  AR20190000603


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as "X_____, XXXXXX______" vice "X____ X_____ XXXXXXX." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* social security card
* Certificate of Live Birth

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, he wants his DD Form 214 corrected to reflect his legal name as "X___, XXXXXX_____."  He realized the error when he was attempting to qualify for a Department of Veterans Affairs (VA) loan.

3.  On 1 June 1983, the applicant enlisted in the Regular Army (RA) under the name of "X____, X_____ XXXXXX."

4.  A review of his military records shows:

     a.	A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United
States), which reflects his name as "X___, X_____ XXXXX

     b.	A DD Form 1966 (Application for Enlistment – Armed Forces of the United 
States), Section X (Statement of Name for Official Military Records), in item 48 reflect the following statements:

* "IF THE PREFERRED ENLISTMENT NAME IS NOT THE SAME AS ON YOUR BIRTH CERTIFICATE AND IT HAS NOT BEEN CHANGED BY LEGAL PROCEDURE PRESCRIBED BY STATE LAW, COMPLETE THE FOLLOWING:"  The applicant entered the name  "X_____ X____ X___"
* "I HEREBY STATE THAT I HAVE NOT CHANGED MY NAME THROUGH ANY COURT OR OTHER LEGAL PROCEDURE THAT I PREFER TO USE THE NAME OF X_____ XXXXXX X_____ BY WHICH I AM KNOWN IN THE COMMUNITY AS A MATTER OF CONVENIENCE AND WITH NO CRIMINAL INTENT.  I FURTHER STATE THAT I AM THE SAME PERSON WHOSE NAME IS SHOWN IN BLOCK 2."
* "MY SOCIAL SECURITY ACCOUNT NUMBER REFLECTS THE NAME: XXXXX X____ X____"

5.  On 31 March 1987, he was he was honorably relieved from active duty.  His 
DD Form 214, item 1 NAME (Last, First, Middle) reflects his name as "X____, X_____ XXXXXXX."

6.  The applicant provides copies of the following documents:

* a social security card with his name listed as, "XXXXXX X____ X___"
* Certificate of Live Birth with his name listed as "XXXXX X____ X___"

7.  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.  Upon the applicant’s enlistment in the RA, he acknowledged that his legal first name had not been legally changed, but that he preferred to use his middle name vice his given first name.  Therefore, his 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.  Regarding the applicant’s request to change his name in his military records, the Board agreed that regulatory guidance provides for the maintaining of military records as they were during the member’s period of service.  The Board found no evidence in the official record of the name that the applicant would like to be reflected on his DD Form 214.  

  

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 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For item 1, enter last name, first name, and full middle name or names, if any at the time of separation.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190000603
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