ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20190011436 APPLICANT REQUESTS: to change his last name from X__ to X__ APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * Army Review Boards Agency (ARBA) Letter * Birth Certificate (2) * First United Debit Card * Oklahoma Bank Card * Oklahoma Driver’s License * Medicare Card * Social Security Card * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his birth name is (Name (Last, First, Middle) X__ X__ X__. However, he took the last name of his step-farther which is X__. He would like for his name to be changed on his military records from X__ X__ X__ to X__ X__ X__. It would be beneficial if his records reflected the same information. 3. The applicant provides: a. A letter from ARBA, dated 4 March 2019, stating his case was placed on hold for 30 days until receipt of his birth certificate. b. Two copies of his birth certificate, which shows his name as X__ X__ X__. c. His debit card, bank card, driver’s license, social security card and Medicare card, which shows his last name as X__. d. A letter from Social Security, which contains personal identifying information given on the application for a social security card. e. DD Form 214, which covers his time on active duty from 14 February 1969 to 8 February 1971, block 1 shows his name as X__ X__ X__. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 14 February 1969. His DD Form 47 (Record of Induction) in block 1 shows his name as X__ X__ X__. b. On 8 February 1971, he was honorably discharged from active duty. He completed 1 year, 11 months and 25 days of net active service during this period. His DD Form 214 shows in block 1 X__ X__ X__. 5. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant decided to use the contested name at the time of his enlistment and during his entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his legal name documented in his military records. 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 their 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. There 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, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190011436 3 1