ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20190004052


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "xxxxxx" instead of "xxxxxxxl." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, for the period ending 30 August 1961
* Court Order , dated 29 October 1979
* Commonwealth - Birth Certificate, dated 26 October 1938
* Government  - Birth Certificate, dated 2 September 2000
* Photocopy of Social Security Card, issued 10 March 2009
* U.S. Passport, issued 31 October 2012
  
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’s military records, i.e., enlistment contracts/records, DD Form 398 (Statement of Personal History), personnel documents, etc., are not available for review.  The Board requested a copy of his records from the National Personnel Records Center in St. Louis, but none were located.  A thorough review of the integrated Personnel Electronic Records Management System (iPERMS) and the Integrated Web Services (IWS) system also failed to contain any records.  However, the DD Form 214 he provided is sufficient for the Board to conduct a fair and impartial review of his case. 

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 16 September 1959 and was released from active duty on 30 August 1961.  Item 1 (Last Name - First Name – Middle Name) of this form shows his first name as "xxxxxxx
4.  The applicant provides:

     a.  A court order changing his first name from "xxxxxx" to "xxxxxx" on 29 October 1979.

     b.  A birth certificate, dated 26 October 1938 that shows his first name "xxxxxl" was lined out with the name "xxxxxx" written over it. 

     c.  A birth certificate that shows his first name as "xxxxxxx" with an issue date of 
11 October 2012. 

     d.  Photocopies of his social security card and U.S. Passport that show his name as "xxxxxx." 

5.  Army Regulation 635-5 (Personnel Separations - Separation Forms), dated 
11 January 1960, directed to enter the last name, first name, and full middle name or names, if applicable, in item 1 at the time of separation.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board discussed the name under which he served, the court-ordered name change subsequent to his period of service and the birth certificate issued in 2012.  The Board found, based on the available evidence, that the applicant’s DD Form 214 reflected his name at the time of his service and therefore determined no error or injustice requires correction of the applicant’s records.                                                                                               The Board advises the applicant that a copy of this decision will be placed in his records to clarify the difference between the first name he used during his service and the first name he uses today.

2.  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

: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, 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 (Personnel Separations - Separation Forms), 11 January 1960, prescribed the separation forms prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate.  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)	 AR20190004052
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