ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 June 2019

	DOCKET NUMBER:  AR20190003217


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty):

*	Item 1 (Last Name – First Name – Middle Name) to show his last name as 
"XXXXX XXXXX" instead of "XXXXXX"
*	Item 3 (Social Security Number (SSN)) to show his SSN as "xxx-xX-xxxx" instead 
of "xxx-xX-xxxx"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Social Security Card
*	Drivers License
*	Certificate of Birth

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 Board will not consider correcting the applicant's SSN as this item will be 
addressed through administrative correction.

3.  The applicant enlisted in the Regular Army on 22 November 1974.  His enlistment 
document shows his last name as "XXXXXXX."  

4.  The applicant was honorably discharged on 12 March 1975.  His military record is 
void of evidence that shows he served with the last name "XXXXXX XXXXX."

5.  The applicant provides a copy of his Certificate of Birth issued on 15 December 2010 
and Social Security Card issued on 24 March 2017 that shows his last name as 
"XXXXX XXXXX."

6.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.     
 
BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the name the applicant used throughout 
his service, noted his signature on service documents, reviewed his Driver’s License, 
SS Card and Birth Certificate issued after his period of service and the administrative 
correction of his SSN stated below.  The Board determined that there was insufficient 
evidence to make the corrected name change in the applicant’s record.  The Board 
notes that a copy of this decision will be placed in the applicant’s record and will serve 
to clarify the difference between the name he used during his service and the name he 
uses now.

2.  After reviewing the application and all supporting documents, the Board found the 
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):  The applicant's DD Form 4 (Enlistment Contract – Armed 
Forces of the United States) is sufficient to correct the applicant's DD Form 214 for the 
period ending on 12 March 1975, without action by the Board.  Correct item 3 (SSN) of 
his DD Form 214 based on the entry in item 1 (Service Number/SSN) listed on his      
DD Form 4. 






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), then in effect, prescribed 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 service.  It provides a 
brief, clear-cut record of active Army service at the time of release from active duty, 
retirement, or discharge.   

ABCMR Record of Proceedings (cont)	 AR20190003217

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