ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:

BOARD DATE:  8 April 2019

DOCKET NUMBER: AR20190002884


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 12 July 2003 to show his current legal 
name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Records under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214 for the period 13 January 1992 to 12 July 1996
*	Order Changing Name, District Court,  
dated 23 September 2014
*	Notary Copy Certification, dated 4 February 2019
*	U.S. Passport, dated 4 December 2014
   *	Driver's License 
FACTS:
1.	The applicant did not file within the 3-year time frame as provided in Title 10,
U.S. Code, 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:

   a.	He submitted a name change petition to the District Court of Okanogan, WA, and 
he was granted a legal name change on 23 September 2014.  The court order shows 
his name was changed from 			to 			.

   b.	As a child his, parents separated and divorced and he was raised by his mother 
who would not let him carry just his father's last name. She made him promise that he 
would not change his name as long as she was alive. He honored that promise until her 
death.
   


   c.	When he got married, his children carried his father's last name since he knew he 
would correct the injustice in the family name someday. He changed his name to match 
his immediate family's.

   d.	He wants his children to be proud of his military service and someday when he 
goes to be with the Lord, he wants his children to have a place to mourn, to show their 
children where their grandfather rests.

   e.	He wants his DD Form 214 corrected to avoid having to explain his personal 
family history to everyone. It is embarrassing having to show a court order and an 
identification card, and explain his life story.

   f.	He served in the U.S. Marine Corps from 13 January 1992 to 12 January 1996 
and he received an honorable discharge. He served in the U.S. Army from 13 July 
1999 to 12 July 2003 and he received an honorable discharge.

3.	His Certificate of Naturalization, issued on 30 April 1997, shows his name as  	
 	 	.

4.	His records contain a social security card that shows his name as
 	 	 	.

5.	Having prior honorable service in the U.S. Marine Corps, he enlisted in the Regular 
Army on 13 July 1999 under the name 			.

6.	On 12 July 2003, he was honorably discharged. His DD Form 214 for this period 
shows his name as 			.

7.	He provided copies of his:

   a.	name change order, dated 23 September 2014, showing his name was legally 
changed from 			to 		effective 23 September 2014;

b.	U.S. Passport, issued on 4 December 2014, showing his name as
 	 	 	; and

c.	driver's license, issued on 22 June 2017, showing his name as
 	 	 	.

8.	His records are void of an Enlisted Record Brief and/or any evidence showing he 
used the name 			at any time during his U.S. Army service.



BOARD DISCUSSION:

1.	After review of the application and all evidence, 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, and the name 
was changed after the period covered by the DD Form 214. 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 
court order.

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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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, 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 established 
standardized policy for preparing and distributing the DD Form 214. The DD Form 214 
is a summary of a Soldier's most recent period of continuous active duty. It provides a 
brief, clear-cut record of active duty service at the time of release from active duty, 
retirement, or discharge. The specific instructions stated to enter the individual's name 
in all capital letters and include "SR," "JR," or "II," if appropriate. Compare the Enlisted 
Record Brief to the Soldier's enlistment contract for possible name change.

//NOTHING FOLLOWS//