ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20190009022 APPLICANT REQUESTS: in effect, correction of item 1 (Last Name, First Name, Middle Name), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with separation dates 7 January 1972, to change his last name to read "X" instead of "X." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Birth, dated 8 December 1950 * two cards, Social Security Administration * identification card, State of Arizona * card, Medicare Health Insurance * death record, Coroner's Certificate of Death, dated 12 May 1952 * document, family tree * DD Form 214, dated 7 January 1972 * Letter, social security benefits, dated 15 April 2018 * two Forms SSA – 1099 – SM (Social Security Benefit Statement) * hand written letter, dated 11 June 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, when he dies he wants a military burial and the correct name on his headstone. He is also currently trying to buy a house using his military benefits and needs his name changed as soon as possible due to the home purchase being in progress. He contends he was born "XXX" on 4 December 1950 and his father was later killed in 1952. a. His mother later remarried in 1955 and he was given his stepfather's last name "X" He was never adopted because his parents wanted to continue receiving social security benefits. b. When he was drafted he entered the military with the last name "X" because he did not know any different. c. He discovered he had another family at the age of 32 and he was a member of the "X" family. He felt at the time he had no proof of being a "X" if he ever needed Social Security so he started using the last name “X." 3. The applicant's DD Form 214 for the period 22 June 1970 through 7 January 1972 and all the other official records and documents in his military record show his last name as "X" These documents include but are not limited to the below records: * DD Form 47 (Record of Induction), dated 22 June 1970 * DD Form 369 (Police Record Check), dated 22 June 1970 * DD Form 398 (Statement of Personal History), dated 24 June 1970 * DA form 20 (Enlisted Qualification Record) 4. The applicant provided a DD Form 98 (Armed Forces Security Questionnaire), dated 22 June 1970, wherein his name is reflected as "X" However, Section 1V. – Questions, he answered the question, "Have you ever been known by another last name than that uses in signing this questionnaire?" he put a mark in the "Yes" block and in the (Remarks) section of this form, we wrote, "Born under the name …X… Father died mother remarried, was 2 yrs. Old. Name never legally changed." 5. The applicant's record is void of evidence which shows his last name listed as "X" 6. The applicant provides a hand written letter, dated 11 June 2019, with his application to the Board which request, in effect, urgent processing for correction of his military record. He also provides supporting documents to show his last name as "X" which is the name he request is listed on the following: * birth certificate, dated 8 December 1950 * two cards, Social Security Administration * identification card * card, Medicare Health Insurance * document, family tree * letter, social security benefits, dated 15 April 2018 * two Forms SSA – 1099 – SM 7. 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. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The applicant served exclusively under the last name "X" and there is no evidence his birth name was ever recorded in his military service record. His DD Form 214 accurately reflects the name under which he served, and the Board agreed that the circumstances he describes are insufficient evidence to support a recommendation for relief in this case. 3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in 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) 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 last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009022 3 1