ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
 BOARD DATE:  13 June 2019
DOCKET NUMBER: AR20190001907


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his first name as "X" instead of "X."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Court of First Instance Tribunal Superior 
Room of Name Change Order, dated 3 February 2000
*	Birth Certificate, dated 14 May 2003
*	United States Passport, dated 5 August 2012
*	Driver’s license, dated 28 August 2015
*	Social Security Administration Card, dated 4 September 2015
   *	Human Resources Denial Letter, dated 12 March 2019 
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, in effect, a Court Order, dated 3 January 2000, changed his 
legal first name from “X” to “X.” He requests that his DD Form 214 be changed to 
reflect his legal first as "X" to match his other official legal documents.

3.	The applicant provides a birth certificate, driver’s license, passport, and court order, 
which all reflect his legal first name as “X.”

4.	The United States Army Human Resources Command (HRC) previously denied the 
applicant’s request to have his military records updated to reflect his legal name on
12 March 2019.  In the denial letter, The Branch Chief, Human Resource Service 
Center, HRC, stated, “HRC is not authorized to change his name on military documents 
as he served with the first name “X” during his entire military service.



5.	A review of the applicant’s DD Form 4 (Enlistment Record – Armed Forces of the 
United States) revealed that he enlisted into the Puerto Rico Army National Guard on 
28 June 1959 using the first name “X.”

6.	The applicant’s records are void of any documentation with his requested name. 
The record is also void of any request to change his name prior to his release from 
active duty.

7.	The applicant was released from active duty on 11 July 1960. His DD Form 214 
shows his first name as “X.”

8.	Army Regulation 635-5 (Separation Documents) states, in effect, that the
DD Form 214 will reflect the conditions and circumstances that existed at the time the 
records were created.

BOARD DISCUSSION:

1.	The evidence presented does not demonstrate the existence of a probable error or 
injustice pertaining to the applicant's request to correct his name in the record. The 
Board found no evidence in the applicant’s record of the name he requests to reflect on 
his DD Form 214; the applicant's official military personnel file contains documents that 
show he consistently used the name listed on his DD Form 214 and entrance 
documents, throughout his service. The Board agreed regulatory guidance provides for 
the maintaining of military records as they were during the member’s period of service.

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 
marriage certificate and other current identification documents.

3.	The Board also discussed that the applicant may not be aware of the ability to go to 
the nearest military installation’s DEERS (Defense Enrollment Eligibility Reporting 
System) office to change the name in his records.

4.	The Board also discussed that the applicant could go to the nearest military 
installation Retirement Services Office to make the final corrections regarding his name 
change.



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) establishes the standardized policy 
for preparing and distributing the DD Form 214. It states the purpose of the separation 
document is to provide the individual with documentary evidence of his or his military 
service at the time of release from active duty, retirement, or discharge.  It is important



that information entered on the form be complete and accurate and reflects the 
conditions as they existed at the time of separation.


//NOTHING FOLLOWS//