ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  6 August 2019

	DOCKET NUMBER:  AR20190002052


APPLICANT REQUESTS:  correction of his military records to show his legal last name 
as "D." instead of "S."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form, ending period 4 December 1974
*	DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated  
18 October 1974
*	The Circuit Court of the 16th Judicial Circuit, Name Change Order, dated 19 December 1992
*	United States Department of Veterans Affairs card, that expires on 27 November 
2028
*	Driver’s license, dated 30 May 2012
*	Social Security Administration 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 applicant states, in effect, that he changed his legal last name from "S" to "D" in 
a court of law on 19 December 1992.  He requests a change to his military records to 
reflect his legal name to match other official documentation with his legal name, "D." 

3.  The applicant provides a driver’s license, veteran’s identification card, Social 
Security card, and court order, which all reflect his legal last name as "D." 

4.  A review of the applicant’s DD Form 4 (Enlistment Record – Armed Forces of the 
United States) revealed that he enlisted into the Regular Army on 18 October 1974 
under the last name "S." 

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

6.  The applicant was released from active duty on 4 December 1974.  His DD Form 
214 shows his last name as "S." 

7.  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 Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement and his 
service record, the dates of his service, the name appearing in his records and date of 
the court ordered name change that he provided.  The Board found the applicant’s 
record accurately reflected the conditions and circumstances that existed at the time of 
his service and determined there was no error or injustice that required a correction.   
The Board advises the applicant that a copy of this decision will be placed in his OMPF 
and will serve to clarify the difference between the last name that appears in his records 
and the last name he uses today. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

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):  N/A

?
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 her 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.




ABCMR Record of Proceedings (cont)	 AR20190002052
	
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