ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20190008783


APPLICANT REQUESTS: in effect, to change his name to read instead of in item 1 
(Last Name, First Name, Middle Name) of the following forms:

*	DD Form 214 (Certificate of 
Release or Discharge from Active Duty), with a separation date of 3 May 1972
*	DD Form 214, with a 
separation date of 6 August 1975

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	court order , dated 18 January 1992
*	affidavit of publication, City and County of, dated 
20 January 1992
*	archive document, Archive Division, State Archives, dated 28 April 2004

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, his request for correction of his record is not really 
because of an error or injustice.  He contends he is requesting a correction of his record 
because he is renewing his driver's license for the state of and is opting to have a 
veteran designation.  The veteran's designation for his driver's license requires him to fill 
out a form which requires his current legal name to be listed on his DD Form 214.  

3. The applicant's DD Forms 214 for the periods 30 October 1970 through 3 May 1972 
and 11 June 1974 through 6 August 1975, including all the other official records or 
documents in his military record show his name as   These documents include but are 
not limited to the below records:  

*	DD Form 398 (Statement of Personal History), dated 28 October 1970
*	DD Form 4 (Enlistment – Reenlistment Document Armed Forces of the United 
States), dated 30 October 1970 
*	DD Form 369 (Police Record Check), dated 30 October 1970
*	DA Form 873 (Certificate of Clearance and/or Security Determination), dated 
30 November 1970
*	DD Form 4, dated 11 June 1974
*	DA Form 2 – 1 (Personnel Qualification Record)

4.  The applicant's record is void of evidence which shows his name listed as 

5.  The applicant provides a court order from the state of, dated 18 January 1992, which 
shows his name was legally changed to 

6.  Army Regulation 635-5 (Separation Documents) establishes the policy for preparing 
and distributing the DD Form 214.  The regulation directs that 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.   

BOARD DISCUSSION:

1.  The Board noted the applicant’s name change occurred many years after his period 
of military service.  In the absence of any extenuating factors other than a voluntary 
post-service name change, the Board agreed there is insufficient evidence to support a 
recommendation to grant relief.  

2.  The applicant is advised that a copy of this decisional document will be filed in his 
record.  This should serve to clarify any questions or confusion with regard to the 
difference between the name recorded on his DD Form 214 and the name he now uses.


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.


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 policy for preparing 
and distributing the DD Form 214.  The regulation directs that 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.  The 
regulation states for item 1 enter name in all capital letters include "JR," "SR," or "II" 
when needed.

					//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190008783

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