ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20190002640


APPLICANT REQUESTS: correction to item 1 (Last Name, First Name, Middle Name) 
of his DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge), effective date 24 June 1960, to change his name to read "
instead of "

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated 24 June 1960
*	decree, Probate Court, Common Wealth Massachusetts, dated 7 April 1970
*	driver's license, New York State, dated 5 September 2017
*	letter, Social Security Administration, dated 4 January 2019
*	social security card
*	identification card, United States Department of Veterans Affairs (VA)

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, he did not update his military record to reflect his 
current legal name change on 4 April .  He contends he legally changed his name 
from  to " and now requests amendment to his military 
record.  He is homeless and is applying for affordable housing through the  – Veterans Affairs Supportive Housing (VASH) program and is required to 
submit his military records, which must reflect his legal name.  

3.  The applicant's DD Form 214 for the period 27 June 1958 through 24 June 1960, 
and all the other official records and documents in his military record show his name as 
"."  These documents include but are not limited to:

*	DD Form 47 (Record of Induction), dated 27 June 1958
*	DD Form 93 (Record of Emergency Data), dated 27 June 1958
*	DD Form 735 (Health Record – Abstract of Service)
*	DA Form 24 (Service Record)
*	DA form 20 (Enlisted Qualification Record)

4.  A review of the applicant's available record shows one name.  His name is listed 
throughout his record as instead of ," which is the 
name he requests to be changed.  His military record is void of evidence which shows 
his name listed as ""    

5.  The applicant provides a court decree and documents which show his name as 
""  The following additional documents he submits show the name which 
he requests:

*	court decree, Commonwealth of Massachusetts, dated 7 April 1970
*	social security card
*	letter, Social Security Administration, dated 4 January 2019 
*	driver's license, e, issued on 9 May 2017

6.  Army Regulation 635-5 (Separation Documents) establishes the policy for preparing 
and distributing the DD Form 214.  The regulation directs that 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.  

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board noted the applicant's military records show he served exclusively under 
the name "Gxxxxxx, Exxxx," which is accurately recorded on his DD Form 214.  The 
Board agreed that in this case the applicant's post-service name change is not a basis 
for changing the name recorded on his DD Form 214.  
3.  The applicant is advised that a copy of this decisional document will be filed in his 
military personnel records.  This should serve to clarify any questions or confusion 
regarding the difference between the name recorded in his military records and the 
name he now uses.




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 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 policy for preparing 
and distributing the DD Form 214.  The regulation directs that 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.  
The regulation states for item 1 enter last name, first name, and full middle name or 
names, if any. 

ABCMR Record of Proceedings (cont)	 AR20190002640
	
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