ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  1 October 2019
DOCKET NUMBER: AR20190006881


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 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Driver’s license, dated 17 October 2016
*	Certificate of Naturalization and name change, dated 20 January 1976
   *	DD Form 214, ending 23 April 1971 
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  when he became a 
naturalized United States citizen on 20 January 1976.
He requests a change to his DD Form 214 to reflect his legal name to match other 
official documentation with his legal name, 

3.	The applicant provides a driver’s license, certificate of naturalization and name 
change, which all reflect his legal name as 

4.	A review of the applicant’s DD Form 47 (Record of Induction) revealed that the 
applicant was inducted into the Regular Army on 17 September 1969 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 23 April 1971. 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 in his records with corresponding signature and the post- 
service legal name change upon his becoming a naturalized citizen. The Board found 
that the name in the records accurately represented circumstances at the time of the 
applicant’s service. 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.


7/29/2020

 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.