ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20190005125 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his legal name as A--- B---. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Social Security Administration Benefits Documentation, dated 20 March 2019 * Navy Federal Statement of Account, dated 15 March 2019 * Driver’s license, dated 31 December 2018 * Birth Certificate with name change, dated 20 October 2005 * Social Security Administration Card * DD Form 214 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 changed his legal name from “T---, R E.” to “B---, A.” in 1975. He requests a change to his DD Form 214 to reflect his legal name to match other official documentation with his legal name, “B---, A.” 3. The applicant provides a birth certificate, driver’s license, and social security card which all reflect his legal name as “B---, A.” 4. A review of the applicant’s DD Form 4 (Enlistment Record – Armed Forces of the United States) revealed that he enlisted into the Regular Army on 23 February 1966 under the name “T---, R E.” 5. The applicant’s records are void of any documentation with his requested name: “B---, A.” The record is also void of any request to change his name prior to his release from active duty. 6. The applicant was released from active duty on 29 May 1969. His DD Form 214 shows his name as “T---, R E.” 7. Army Regulation 635-5 (Separation Documents) states, in effect, that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. 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 name “T---, R. E.,” 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, absent 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. 11/25/2019 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 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 standardized policy for preparing and distributing the DD Form 214. It states 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. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.