ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


BOARD DATE:  13 June 2019
DOCKET NUMBER: AR20190003469


APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), item 1 NAME (Last, First, Middle) for the period ending 
11 September 1981 to show his name as "Xxxx instead of "Xxxx."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Superior Court , County Law Division, dated 3 December 1991
   *	State, County, dated 24 December 1991 
FACTS:
1.	While it appears the applicant did not file within the time frame provided in the statute 
of limitations, the Army Board for Correction of Military Records (ABCMR) has elected 
to conduct a substantive review of this case and, only to the extent relief, if any, is 
granted, has determined it is in the interest of justice to excuse the applicant's failure to 
timely file. In all other respects, there are insufficient bases to waive the statute of 
limitations for timely filing.

2.	The applicant states, in effect, he wants his DD Form 214 to reflect his name 
change.

3.	On 11 September 1981, the applicant was honorably released from active duty for 
training.  Item 1 NAME (Last, First, Middle) of his DD Form 214 shows his name as 
"Xxxx."

4.	None of the documents in his military record reflect the name he now requests.

5.	He provides a final judgement from the Superior Court , Law Division 
Judgment that shows he legally changed his name to "Xxxx" on 3 December 1991.



6.	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.  The applicant’s name was correct at the time of his separation.

BOARD DISCUSSION:

1.	The evidence presented does not demonstrate the existence of a probable error or 
injustice pertaining to the applicant's request to correct his name in the record. The 
Board found no evidence in the applicant’s record of the name he requests to reflect on 
his DD Form 214; the applicant's official military personnel file contains documents that 
show he consistently used the name listed on his DD Form 214 and entrance 
documents, throughout his service. The Board agreed regulatory guidance provides for 
the maintaining of military records as they were during the member’s period of service. 
Based on a preponderance of evidence, the Board determined there was no error or 
injustice.

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 
marriage certificate and other current identification documents.

3.	The Board also discussed that the applicant may not be aware of the ability to go to 
the nearest military installation’s DEERS (Defense Enrollment Eligibility Reporting 
System) office to change the name in his records.

4.	The Board also discussed that the applicant could go to the nearest military 
installation Retirement Services Office to make the final corrections regarding his name 
change.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	FULL GRANT

:	:	:	PARTIAL GRANT

:	:	:	FORMAL HEARING GRANT

: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 NOTES(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 Army Board for Correction of Military 
Records (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), 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.	//NOTHING FOLLOWS//