ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20190006105


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name as 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending period 20 September 2010
*	DD Form 214C (Continuation Sheet), dated 7 July 2010
*	In the Superior Court of County State of Name Change Order, dated 5 March 
2019

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 in a court of law on 5 
March 2019.  He requests a change to his DD Form 214 to match official documentation 
with his legal name The applicant states the correction will allow him to update his 
Defense Finance and Accounting Services (DFAS) and Defense Enrollment Eligibility 
Reporting System (DEERS) account information.

3.  The applicant provides a name change court order that reflects his legal name as  


4.  A review of the applicant’s DA 61 (Application for Appointment) revealed he applied 
for Warrant Officer Appointment under the name The applicant’s Reserve Warrant 
Officer Appointment letter revealed that he was appointed a warrant officer in the Army 
Reserve on 24 July 1980 under the name 
5.  The applicant’s records are void of any documentation with his requested name:   
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 30 September 2010.  His DD Form 
214 shows his name as 

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.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records. The Board considered the applicant’s statement, his record of 
service, the name appearing throughout his records with corresponding signatures and 
the post-service court-ordered name change provided by the applicant.  Based on a 
preponderance of evidence, the Board determined that the applicant’s name as it 
appears on his DD Form 214 is not in error or unjust.  

2.  The applicant is advised that a copy of these proceedings will be filed in his official 
records to clarify the difference between the name he used in service and the name he 
uses now. 

3.  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): N/A 












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.
//NOTHING FOLLOWS//





ABCMR Record of Proceedings (cont)	 AR20190006105

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