ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 July 2019

	DOCKET NUMBER:  AR20190003967


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 30 June 1996, in item 1 NAME (Last, 
First, Middle) to show his name as “XXX” instead of “XX.”  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Florida Driver License
*	Final Judgment of Change of Name, Circuit Court of the ninth Judicial Circuit, 


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 he wants his DD Form 214 to reflect his name change from 
“XX” to “XXX.” 

3.  A review of his military records show:

a.	His initial DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States), dated 8 April 1977, reflects his name as “XX.”

b.	His last DD Form 4, dated 2 December 1994, reflects his name as “X ‘NMN’ X.”

4.  His DD Form 214 for the period ending on 30 June 1996 shows he was honorably 
retired on 30 June 1996.  Item 1 of this form shows his name as “XX.”

5.  Army Regulation 635-5 (Personnel Separations) states for item 1, enter last name, 
first name, and full middle name or names, if any at the time of separation.  His name at 
the time of his retirement from active duty was “XX” and he had no middle name. 

6.  The applicant provides a copy of his Final Judgment Name Change, dated 
26 February 2019 that shows his name was legally changed to “XXX.”  He also provides 
a copy of his Florida driver license, which reflects the name “XXX.”

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his name as 
it appeared throughout his records until retirement and the name and date recorded on 
the court order the applicant provided.  The Board found the applicant’s name (First, 
Last, NMN) was consistent throughout his service and accurately recorded on his DD 
Form 214; it portrayed the circumstances as they existed at the time.  The Board found 
the name change he provided occurred after his period of service and there was no 
evidence of an injustice.  Based on a preponderance of evidence, the Board determined 
that the name recorded on the applicant’s DD Form 214 was not in error or unjust.    

2.  The applicant is advised that a copy of this decision will be placed in his official 
personnel records to clarify the difference between the name in his records and the 
name he uses today.

3. After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.  




















BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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, 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)	AR20190003967
	
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