ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 
IN THE CASE OF:  
BOARD DATE:  8 April 2019 
DOCKET NUMBER:  AR20190001453 
APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as X____. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
   • DD Form 149 (Application for Correction of Military Record)
   • Birth certificate
   • DD Form 214, ending 19 April 1956 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 his military record should reflect his birth name.
3. The applicant's military service records are not available to the Board for review.
A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case was considered based on the documents provided by the applicant and a partially reconstructed record.
4. His DD Form 214 shows he was inducted into the Army of the United States on 14 May 1954.  His induction orders list his first name as X___.
5. He was released from active duty on 19 April 1956.  His first name is listed as X___on his DD Form 214.
6. He provides a copy of his birth certificate which shows his first name as X____.


ABCMR Record of Proceedings (cont) 	 AR20190001453 
7. Regulatory guidance requires that the DD Form 214 reflect the conditions andcircumstances that existed at the time the records were created.
BOARD DISCUSSION: 
1. After review of the application and all evidence, the Board determined the evidencepresented 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 birth certificate.
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. 

CHAIRPERSON Signed by: 
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. 
ABCMR Record of Proceedings (cont) 	 AR20190001453 
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// 
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