ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:

BOARD DATE: 3 October 2019 
DOCKET NUMBER: AR20190004840

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release 
or Discharge from Active Duty) to reflect his last name as X 	in lieu of X 	.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	County Superior Court Decree Changing Name, dated 2 July 2010 
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 (ABCMR) 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 legally changed his last name from X 	to X 	on 2 
July 2010.

3.	The applicant enlisted in the U.S. Army Reserve on 16 July 1982 and in the 
Regular Army on 5 October 1982.  His last name is listed as X 	on his DD Form 
4 (Enlistment/Reenlistment Document – Armed Forces of the United States.

4.	His Standard Form 66 (Report of Medical Examination), completed at the time of 
his enlistment, lists his last name as X 	.

5.	He was discharged under honorable conditions on 29 October 1983, due to 
unsatisfactory performance, after 1 year and 21 days of net active service this 
period.  His DD Form 214 lists his last name as X 	.

6.	There are no available service records that show his last name as X 	.

7.	The applicant provided a copy of a County Superior Court Decree 
Changing Name, which shows his last name was legally changed from X 	to 
X_ 	effective 2 July 2010.




BOARD DISCUSSION:

1.	After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.	The Board noted the applicant's military records show he served exclusively 
under the last name X 	, which is accurately recorded on his DD Form 214. The 
Board agreed that in this case the applicant's post-service name change is not a 
basis for changing the name recorded on his DD Form 214.\ there was no evidence 
of an error or injustice.

3.	The applicant is advised that a copy of this decisional document will be filed in his 
military personnel records. This should serve to clarify any questions or confusion 
regarding the difference between the name recorded in his military records and the 
name he now uses.

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.



 X	
CHAIRPERSON

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.



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 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), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers at the time of 
retirement, discharge, or release from active duty service or control of the Active 
Army.  It established standardized policy for preparing and distributing the
DD Form 214. The DD Form 214 is a summary of a Soldier’s most recent period of 
continuous active service and it provides a concise record reflective of active service 
at the time of release from active duty, retirement, or discharge. The general 
instructions stated all available records would be used as a basis for preparation of 
the DD Form 214.

3.	Army Regulation 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the 
Secretary of the Army acting through the ABCMR. The ABCMR begins its 
consideration of each case with the presumption of administrative regularity. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

NOTHING FOLLOWS