ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  5 September 2019 

	DOCKET NUMBER:  AR20190007207


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 28 February 1972, in  
item 1 NAME (Last, First, Middle) to show his name as “XXXX” instead of “XXXX”, and 
to change his ethnicity from “XXXXXX” to “XXXXX.”  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Moorish Science Temple, Certificate of Registration
*	Moorish American National Republic, Certificate of Naturalization, dated 
6 October 2012
*	Moorish National Bureau of Vital Statistics, dated 6 October 2012
*	Circuit Court , Order for Change of Name, dated 
26 December 2018
*	State of , Certificate of Live Birth, dated 7 January 2019
*	Driver’s License

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 wants his DD Form 214 or a DD Form 215 (Correction to DD 
Form 214) to reflect his name change from “XXX” to “XXXX”, and for this form to reflect 
his status as an “XXXXXX” to “XXXXX.” 

3.  The DD Form 214 does not list a service member’s ethnicity; therefore, there is 
nothing to correct.  This issue will not be discussed further in these proceedings.

4.  A review of his military records shows his DD Form 4 (Enlistment Contract – Armed 
Forces of the United States), dated 6 April 1971, reflects his name as “XXXX,” and he 
signed this document with the name “XXX.”

5.  His DD Form 214 for the period ending on 28 February 1972 shows he was 
discharge with a character of service of under honorable conditions (general).  Item 1 of 
this form shows his name as “XXX”

6.  Army Regulation 635-5 (Personnel Separations) states for item 1, enter last name, 
first name, and full middle name or names, if any at the time of separation.  The 
applicant legally changed his name on 26 December 2018, after the date of his 
discharge.  His name, at the time of his discharge on 28 February 1972, was “XXXX.”

7.  The applicant provides the following documents:

*	Name Change Order, that shows his name was legally changed to “XXXXX” on 
26 December 2018
*	Certificate of Nationalization from the Moorish American National Republic, with 
his name appearing as “XXXXXXX’
*	Moorish National Bureau of Vital Statistics Certificate, which shows his name as 
“XXXXX”
*	Certificate of Live Birth, in which his name has been changed to “XXXX” dated 7 
January 2019
*	a driver’s license, which reflects the name “XXXXXXX”

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, the name 
appearing in his service record, and the name change order he provided.  The Board 
found that a member’s ethnicity is not an entry on the DD Form 214, so no correction is 
required.  The Board also found the applicant’s name change took place in 2018 post 
his discharge from service in 1972; the applicant provided no evidence of injustice due 
to his name change.  One member found sufficient evidence to support relief; the Board 
majority determined, based on a preponderance of evidence, that the name appearing 
on the applicant’s DD Form 214 was accurate based on the circumstances at the time; it 
was not in error or unjust.  

2.  The Board advises the applicant that a copy of this decision will be placed in his 
records to clarify the difference between the name in his service records and the name 
he uses today.  

3.  After reviewing the application and all supporting documents, the Board majority 
found that relief was not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

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 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.  

ABCMR Record of Proceedings (cont)	AR20190007207
	
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