ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  12 July 2019 DOCKET NUMBER:  AR20190005542 





APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 1 NAME (Last, First, Middle) for the period ending 9 April 2000 to show his name as “X_____, X______ R_____” instead of“X____, X______ R_____.”   APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214

.Circuit Court of , Name Change Order, dated 10 September2009



FACTS: 







1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction of MilitaryRecords conducted a substantive review of this case and determined it is in the interestof justice to excuse the applicant's failure to timely file.2.The applicant states he had his name legally changed in September of 2009.3.A review of his military records show:a.A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United












States), dated 11 August 1994, which reflects his name as “X_____ X_____ B____.”b. His DD Form 214, item 1 NAME (Last, First, Middle) shows his name as “X____,X______ R_____.” c.He was honorably discharged from the U.S. Army Reserve on 11 June 2002. Hisname is listed as “X____, X______ R_____.”  



4.The applicant provides a copy of his legal name change from the Circuit Court of  dated 10 September 2009, that lists his new name as X______ X_____ R_____.5.Army Regulation 635-5, states for item 1, enter last name, first name, and full middle name or names, if any at the time of separation. 

BOARD DISCUSSION: 





1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his service record, separation documents and court documents reflecting a post service namechange.  Based on a preponderance of evidence, the Board determined that theapplicant’s name, as reflected in his military records was an accurate reflection of the circumstances as they existed at the time of service and that the name on his DD Form 214 was not in error or unjust.2.The applicant is advised that a copy of this decision will be placed in his officialrecords to clarify the difference between the name he used in-service and the name sheuses now.3.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.























BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XXX :XXX 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 

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 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 last name, first name, and full middle name or names, if any at the time of separation.