ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20190009315


APPLICANT REQUESTS:  correction of his records to show his name as "X______ X. 
X______ Jr." instead of "X______ X. X________."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Driver License
*	Social Security Card
*	Department of Veterans Affairs (VA) Identification Card

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 enlisted in the Regular Army on 11 March 1980, under the name 
"X______ X. X________."

3.  The applicant was honorably discharged on 27 March 1981, under the name 
"X______ X. X________."

4.  The applicant provides a copy of his social security card, VA identification card, and 
State of Texas driver license, which list his name as "X______ X. X______ Jr."

5.  The applicant's military record did not contain any documentation that shows the 
name he now requests.  

6.  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.  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 the name he now uses 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 there is no evidence of mitigating circumstances that would 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), 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)	 AR20190009315

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