ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20190001402


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Standard of Live Birth
* Driver's License

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 changed his legal name to "XX" in 2018.

3.  The applicant was inducted into the Regular Army on 30 March 1971.  His name is listed as "XXX" on his DD Form 47(Record of Induction). 

4.  As part of his induction processing he completed a DD Form 398 (Statement of Personal History) which lists his name as "XX."

5.  He was released from active duty on 24 April 1972 and his DD Form 214 lists his name as "XXX."

6.  He provides his birth certificate and driver's license which show his name as "XX." 

7.  The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.



BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  The applicant listed XX as his name at least once during his period of service.  The Board agreed his birth certificate reflects the name he contends is correct, and recommend correcting his record to mirror the birth certificate.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXXX	:XXX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 24 April 1972 by deleting the name listed and replacing it with the name shown on his State of South Carolina Birth Certificate.

	 
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)	 AR20190001402
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