ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 April 2019

	DOCKET NUMBER:  AR20190001867


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* his first name as "______"
* the last four of his social security number (SSN) as "______"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

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 Board will not consider the SSN portion of the applicant's requests, as this item will be addressed through an administrative correction.

3.  The applicant states that his name is incorrectly listed on his DD Form 214.

4.  A review of his military records shows that he completed a DD Form 1966 (Record of Military Processing-Armed Forces of the United States) on 15 March 1982.  
Item 48 (Statement of Name for Official Military Records) of this form shows the applicant requested to use the name "______" and in doing so confirmed that his SSN account reflected the name "______."  However, this was not the name shown on his birth certificate.

5.  His first name is listed as "______" on all other documents filed in his military records.

6.  On 19 November 1988, the applicant was discharged from active duty.  His first name is listed as "_______" on his DD Form 214.

7.  He provides his Social Security card and birth certificate which show his first name as "_____."

8.  The applicant requested to serve under another name.  Regulatory guidance states that if a name change occurred during the period of service, the other name(s) will be entered in Block 18 (Remarks) of the DD Form 214.

BOARD DISCUSSION:

1.  The analyst of record provide information in the administrative notes below showing the SSN is being corrected with the Board’s consideration.  In reference to correct the name on the DD Form 214, 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 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.


	 
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): Make the following corrections to the applicant's 
DD Form 214:

* delete the current entry in item 3 (SSN)
* add to item 3 the SSN reflected on his social security card 

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 (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It established standardized policy for preparing and distributing the 
DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.

3.  AR 635-8 (separation Processing and Documents) states when completing 
Block 1 of the DD Form 214, compare the original enlistment contract or appointment order, and review the official record for possible name changes.  If a name change has occurred list other names of record din block 18.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001867
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