ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  22 October 2019

	DOCKET NUMBER:  AR20190002559


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge 
from Active Duty) to show his legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Honorable Discharge Certificate, dated 11 August 1983
*	Court Order, dated 
*	Jury Summons, dated 
*	Letter from the Army Review Board Agency, Case Management Division, dated 
26 January 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 (ABCMR) 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 legally changed his name to.

3.  His military records show that he enlisted in the Regular Army on August   His 
name is listed as on his enlistment contract.

4.  On August, he was released from active duty.  His DD Form 214 lists his name 
as.

5.  The record is void of a request to change his name or evidence showing he 
served under another name while on active duty.

6.  The applicant provides a court order, which legally changed his name to, effective 
on February.  In addition, he provides a birth certificate (hand written entry for 
name), social security card, and jury summons, which list his name as.
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, his 
record of service, his name as it appeared throughout his records and the name 
recorded on his separation documents.  The Board considered post-service court-
ordered name change document, birth certificate and social security card provided 
by the applicant.  The Board found that the applicant’s name, as shown in his 
records, accurately reflected the circumstances as they existed at the time of his 
service.   Based on a preponderance of evidence, the Board determined that the 
name shown on the applicant’s DD Form 214 was not in error or unjust.

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 as 
shown on the court-document. 

3.  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.













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 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), in effect at the time, 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)	 AR20190002559
	
4

1