ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20190001264


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his name as "Xxxx Xxx XXXXXX" instead of "XXXX Xxxxxx Xxxxxxxx-XXXXXX." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Commonwealth of Puerto Rico – Certification of Birth, dated 2 October 1990
* Department of Veterans Affairs (VA) Healthcare Card
* U.S Passport 

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 would like his name on his DD Form 214 to coincide with his name change on his VA documents. 

3.  Prior to the applicant's enlistment in the Regular Army, he signed a DD Form 398 (Statement of Personal History) that listed the spelling of his name as "XXXX Xxxxxx Xxxxxxxx-XXXXXX" on 19 November 1968.  He signed his name the same way on the document.   

4.  The applicant enlisted in the Regular Army on 21 November 1968.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he identified his name as "XXXX Xxxxxx Xxxxxxxx-XXXXX" and he signed his name the same way on the document. 

5.  The applicant was honorably retired on 14 October 1970.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his name as "Xxxxxxxx-XXXXXX, XXXXX Xxxxxx."  He signed his name the same way on the document.
6.  A review of his official military personnel file revealed all documents showing his name was spelled consistently as "XXXXX Xxxxxx Xxxxxxxx-XXXXXX" throughout his military service.

7.  The applicant provides a Certificate of Birth, issued 2 October 1990 that shows his name as "XXXXXX XXXX XXXXXX."  He also provides copies of his VA Healthcare Card and U.S. Passport that shows his name as "XXXXX Xxx XXXXXX." 

8.  Army Regulation 635-5 (Separation Documents), dated 1 February 1967, directed to enter the last name, first name, and full middle name or names, in item 1 at the time of separation.  

BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice.  The applicant used the contested name during his entire period of service.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion about the difference in the name recorded in his military records and the name on his passport and VA records. 

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), dated 23 January 1967, 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)	 AR20190001264
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