ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20190009632


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from 
Active Duty) to show his legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending 5 January 1989
*	Decree Changing Name, dated 6 September 2016
*	Passport Card
*	Class C Driver 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 that he legally changed his name to in 2016.  The appearance 
of his old name on his DD Form 214 is an error because it does not reflect his current 
government or State issued documents.

3.  His DD Form 214 show that he enlisted in the Regular Army on 6 January 1986. 

4.  On 5 January 1989, he was released from active duty.  His DD Form 214 lists his 
name as .

5.  The applicant did not provide evidence to show he requested to change his name or 
evidence showing he served under another name while on active duty.

6.  The applicant provides a court order, which legally changed his name to , effective 
on 6 September 2016.  In addition, he provides a passport card, social security card, 
and commercial driver's license, all listing his name as .

7.  Army Regulation 635-5 (Separation Documents), in effect at the time stated the 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  
The DD Form 214 is of vital importance to the separating Soldier and must be properly 
prepared according to prescribed guidance.  All available military records will be used to 
prepare this form. 

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, his record of 
service, the name appearing in his records with corresponding signatures and the post-
service court-ordered name change, passport and Driver’s License provided by the 
applicant.  The Board found that the applicant’s name in the records reflected 
circumstances as they existed at the time of his military service.  Based on a 
preponderance of evidence, the Board determined that the applicant’s name as it 
appears on his DD Form 214 is not in error or unjust.  

2.  The applicant is advised that a copy of these proceedings will be filed in his official 
records to clarify the difference between the name he used in service and the name he 
uses now. 

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























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.


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 (Separation Documents), in effect at the time, prescribes 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 duty.  The DD Form 214 is of vital 
importance to the separating Soldier and must be properly prepared according to 
prescribed guidance.  All available military records will be used to prepare this form.



ABCMR Record of Proceedings (cont)	 AR20190009632

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