ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20190004646


APPLICANT REQUESTS: in effect, correction to item 1 (Last Name, First Name, Middle 
Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with 
a separation date as of 13 November 1982, to change his name to read "XXX" instead 
of "XX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	order, Office of the Lieutenant Governor, State of Hawaii, dated 
24 August 1982
*	Form SSA – 5028 (Receipt for Application for a Social Security Number(SSN)), 
dated 
8 September 1982
*	DA Form 4187 (Personnel Action), dated 13 September 1982
*	two copies, DD Form 214
*	order, Office of Lieutenant Governor, State of Hawaii, dated 19 November 1991

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 needs his legal name to be listed on his separation 
documents due to his inability to apply for Department of Veterans Affairs benefits and 
enroll in e-Benefits.  He contends he needs the corrected separation documents sent to 
_________________, XXXXXX, XX 3XXXXX.

3.  On 14 November 1979, the applicant enlisted in the Regular Army for a period of 
three years.  His enlistment record shows his name as "XXX."

4.  The applicant's record shows he requested his name to be changed:

*	from "XXX" to "XX." and it was decreed by the Lieutenant Governor of Hawaii on 
24 August 1982
*	from "XX" to "XXX." and it was approved on 13 September 1982

5.  A review of the applicant's records shows his name listed as "XX." on all of the 
military records created after his name change was approved.  These documents 
include but are not limited to the below records:

*	DA Form 428 (Application for Identification Card), dated 10 November 1982
*	DA Form 2 – 1 (Personnel Qualification Record)
*	Orders 222 – 9, Headquarters, United States Army Western Command, dated 
8 October 1982 
*	Standard Form 88 (Report of Medical examination), dated 15 October 1982

6.  On 13 November 1982, the applicant was released from active duty.  His  
DD Form 214, shows his name listed as "XX."  

7.  The applicant provides an order signed by the Lieutenant Governor of Hawaii which 
legally changed his name to "XXX."

8.  The applicant's military record is void of evidence which shows his name as "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 
change while in service, the requested name change that took place after his period of 
active duty service.  The Board found that the applicant’s name on DD Form 214 was 
accurate at the time of his separation; there was no error or injustice requiring a 
correction.  The Board advises the applicant that a copy of this decision will be placed in 
his records to clarify the difference between the names he used during his service and 
the name he is known 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)	 AR20190004646
	
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