ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20190005146 APPLICANT REQUESTS: correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), for the periods ending 29 April 1968 and 27 July 1971, respectively and correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending 27 July 1976 to show the spelling of his name as "X.X." instead of "XXX." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214, for the periods ending 29 April 1968, 27 July 1971, and 27 July 1976, respectively * Superior Court of – Order Changing Name, dated 7 June 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 he legally changed his name and would like a DD Form 215 (Correction to DD Form 214) to reflect his legal name. 3. The applicant enlisted in the Regular Army on 6 September 1966. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he identified his name as "XXX." and signed his name the same way on the document. 4. The applicant was honorably discharged on 29 April 1968. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his name as "XXX." and he signed his name the same way on the document. 5. The applicant executed another DD Form 4 for an immediate reenlistment on 30 April 1968. This form shows he still identified his name as "XXX." and signed his name the same way on the document. 6. The applicant was honorably discharged on 27 July 1971. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his name as "XXX." and he signed his name the same way on the document. 7. The applicant executed another DD Form 4 for an immediate reenlistment on 28 July 1971. This form shows he still identified his name as "XXX" and signed his name the same way on the document. 8. The applicant was honorably discharged on 27 July 1976. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his name as "XXX." and he signed his name the same way on the document. 9. A review of his official military personnel file revealed all documents showing his name was spelled consistently as "XXX." throughout his military service. 10. The applicant provides a Superior Court – Order Changing Name that shows he petitioned for a name change and it was ordered changed to "XX." on 7 June 1991, almost 15 years after his military service. 11. Army Regulation 635-5 (Separation Documents), dated 20 August 1973, directed to enter name in order shown on DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate 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 used by the applicant during his service, the documents in the record the post-service court-ordered name change provided by the applicant. The Board determined that the applicant’s DD Form 214 accurately recorded the name he served under at the time of separation; there was no error or injustice warranting a correction. The Board advises the applicant that a copy of this decision will be placed in his record to clarify the difference between the name under which he served and the name he is known by now. 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), dated 20 August 1973, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 1, enter name in order shown on DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate, at the time of separation. ABCMR Record of Proceedings (cont) AR20190005146 0 4 1