ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20190004503


APPLICANT REQUESTS: in effect, correction of item 1 (Last Name, First Name, Middle 
Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge), with separation date 16 April 1973, to change his name to read as "X.X." 
instead of "X.X.X."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated 16 April 1973
*	Certificate of Live Birth, Health Authority Center for Health Statistics, 
date issued 2 April 2019
*	Court order,  dated 
3 March 2017
*	identification card, Department of Veterans Affairs (VA)
*	letter, VA, dated 13 March 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 applicant states, in effect, he received a court order for his legal name change 
from County Trial Court on 3 March 2017.  The VA has recognized his legal 
name change which led to him receiving a VA identification card which list his legal 
name.  

a.	He contends as a disabled veteran he is concerned about the possible confusion 
which could cause a delay or denial of services or employment with the difference in his 
name on his DD Form 214 and his now legal name listed on his other forms of 
identification.  

b.	 He believes a correction of his DD Form 214 would assist in eliminating the 
potential confusion that would be caused when he has to present his separation 
documents for identification or benefits.    

3.  The applicant's DD Form 214 for the period 16 July 1970 through 16 April 1973 and 
all the other official records or documents in his military record reflect his name as 
"P.G.M."  These documents include but are not limited to the below records:

*	DD Form 398 (Statement of Personal History), dated 10 July 1970
*	DD Form 4 (Enlistment Contract – Armed Forces of the United States), 
*	dated 16 July 1970
*	DD Form 369 (Police Record Check), dated 16 July 1970
*	DA Form 428 (Application for Identification Card), dated 26 June 1972
*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 214, dated 16 April 1973

4.  His military record is void of evidence, which shows his contested name listed as 
"P.M." 

5.  The applicant provides a court order, dated 3 March 2017, which shows his legal 
name as "P.M" the name which he is currently requesting.

6.  Army Regulation 635-5 (Separation Documents) directs that the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military 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 considered the applicant’s statement, his name as 
it appeared in his records, the court-ordered name change he provided, recognition of 
his new name by the VA and the name on his separation document.  The Board found 
his name change occurred after the period of his active duty service and determined 
that his name as it appears on his DD Form 214 was not in error or unjust.  The Board 
advises the applicant that a copy of this decision will be placed in his records to clarify 
the difference between the name that is in his records and the name that he goes by 
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 (Separation Documents) establishes the policy for preparing 
and distributing the DD Form 214.  The regulation directs that the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  

ABCMR Record of Proceedings (cont)	 AR20190004503
	
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