ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20190005301 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 27 January 1980 to show his birth last name as "X" instead of "X." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 293 (Application for the Review of Discharge) with self-authored statement • DD Form 214 • DA Form 873 (Certificate of Clearance and/or Security Determination), dated 29 May 1979 • Social Security Card • State of New York Department of Health – Certificate of Birth • State of Florida Driver License • United States Passport • Department of Veterans Affairs – Certificate of Eligibility 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 would like his birth last name to be changed as it now appears on all his current identification documents. 3. The applicant executed a DD Form 1966 (Application for Enlistment – Armed Forces of the United States) on 28 January 1977 at 17 years of age. It contains the following: a. Block 1 (Name – Last, First, Middle (maiden, if any, Jr., Sr., etc.) shows his last name as "X" with an entry besides it of "AKA: X." ABCMR Record of Proceedings (cont) b. Block 23 contains the statement "If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following: (a) Name as Shown on Birth Certificate." He printed his last name as "X." He authenticated the statement the he preferred to use the name by which he was known as in the community as a matter of convenience and signed the block with his last name as "X." c. Section V (Certification) shows he acknowledged the information by his signature with the last name of "X." d. Section VI (Parental/Guardian Consent for Enlistment) shows his mother signed with the last name of "X" as his legal guardian. 4. The applicant enlisted in the Regular Army on 28 January 1977. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he identified his last name as "X" and he signed his name the same way on the document. 5. The applicant's record contains a DD Form 1584 (National Agency Check Request), dated 21 January 1977 that shows: • Block 1 (Last Name – First Name – Middle Name), his last name as "X" • Block 3 (Alias(es) and All Former Name(s)), his last name as "X" 6. The applicant was honorably released from active duty on 27 January 1980. Block 1 (Name – Last, First, Middle) of his DD Form 214 shows his last name as "X." He signed his name the same way on the document. 7. A review of his official military personnel file revealed all documents, excluding theones already discussed, show his last name as "X" throughout his military service. 8. The applicant provides: a. DA Form 873, dated 29 May 1979 that shows his last name as "X" as well as the entry "AKA: X" besides it. b. Photocopies of his social security card, certificate of birth, driver license, U.S.Passport, and a Department of Veterans Affairs certificate of eligibility all of which shows his last name of "X." 9. Army Regulation 635-8 (Separation Processing and Documents), current in effect, directed for block 1 (Name) to compare the original enlistment contract or appointment letter and review official record for possible name changes. If a name change has occurred list other names of record in block 18 (Remarks). ABCMR Record of Proceedings (cont) BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the applicant’s preferred name, the name that appeared most often in his records and the last name recorded on his birth certificate. The Board determined that the preponderance of evidence supports a change to the applicant’s record. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ABCMR Record of Proceedings (cont) BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period of service ending 27 January 1980 to show in item 1 his last name as recorded on his Certificate of Birth. CHAIRPERSON Signed by: 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 ABCMR Record of Proceedings (cont) 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 635-8 (Separation Processing and Documents), dated 10 February2014, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states: a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. b. Block 1 will reflect the name on the original enlistment contract or appointment order and to conduct a review of the official record for possible name changes. If a name change occurred, list other names of record in Block 18 (Remarks). AR20190005301 AR20190005301 1 3 1