ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 May 2019

	DOCKET NUMBER:  AR20190003226


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 29 September 2015, to show in:

* item 1 NAME (Last, First, Middle) to show his name as "X______, X_____ X______” instead of “X_________, X_____ X______" 
* item 19a (Mailing Address After Separation) to reflect “XXX70 S CHESTNUT AVE FRESNO CALIFORNIA 93725” 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Superior Court  Name Change, dated 16 July 2018

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 the applicant's request to correct item 19a (Mailing Address After Separation) of his DD Form 214; it will be administratively corrected

3.  The applicant states, in effect, that he changed his last name.

4.  On 14 October 2008, the applicant enlisted in the Regular Army (RA).  His 
DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), reflects his name as “X______ X______ X_______.” 

5.  The record indicates that the applicant changed his last name from “X______” to “X_________” during the period of his military service based on fact that his Enlisted Record Brief records his name as “X_________, X______ X______.”  
6.  He was honorably released from active duty on 29 September 2015.  Item 1 of his DD Form 214, item records his name as "X_________, X_____ X______.”

7.  The applicant provides a copy of a name change decree, which legally changed his last name from “X________” to “X_____,” with an effective date of 16 July 2018.  The date of his name change occurred after his release from active duty.  

8.  Army Regulation 635-5 prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and established standardized policy for the preparation of the DD Form 214.  This regulation stated, for item 1, enter last name, first name, and full middle name or names, if any at the time of separation.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the record.  The Board agrees with the administrative correction of his mailing address on the DD Form 214 as shown below.  The Board considered the court document showing a change to the applicant’s last name, but noted that the change took place after his period of service. 

2.  After reviewing all of the evidence and supporting documents, the Board determined that partial relief was warranted.

 BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 29 September 2015 by correcting his mailing address after separation as shown below.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his last name on his DD Form 214.


	 
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):  Administratively correct item 19a (Mailing Address After Separation) of the applicant's DD Form 214 to show the entry “XXX70 S CHESTNUT AVE FRESNO CALIFORNIA 93725” 




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 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For item 1, enter last name, first name, and full middle name or names, if any at the time of separation.  

ABCMR Record of Proceedings (cont)	 AR20190003226
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