ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20190008992 APPLICANT REQUESTS: correction of his records to show his name as "X_____ X____" instead of "X___ X. X______." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Commercial Driver License * Order Granting Leave to Change Name * Shield # 614 * Social Security Card * transcripts 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 it is a burden that when he is asked to present his DD Form 214 (Report of Separation from Active Duty) he has to explain why the name on the DD Form 214 is different than the name he currently uses. 2. The applicant enlisted in the Regular Army on 23 December 1975, under the name "X___ X. X______." 3. The applicant was honorably discharged on 8 March 1976, under the name "X___ X. X______." 4. The applicant provides a copy of an Order Granting Leave to Change Name from the Civil Court dated 20 February 2003, which changed his name to "X_____ X____." He also provides additional evidence listing his name as he requests. 5. The DD Form 214 (Certificate of Release or Discharge from Active Duty) is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Item 1 (Name) states to transcribe the name at the time of separation from applicable documents. 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 :XX :XX :XX 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), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. Item 1 (Name) states to transcribe the name at the time of separation from applicable documents. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008992 3 1