ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  8 November 2019

	DOCKET NUMBER:  AR20190012210


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) 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 1 October 1965
*	Order Granting Correction of Record, dated 
*	Certificate of Birth, issued 
*	Social Security Card and New Mexico Driver's 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 (ABCMR) 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 his first name is incorrectly listed on his DD Form 214.  
He contends that his name has always been " not  He needs his 
DD Form 214 corrected because someone with the name    recently passed 
away in his community and having the same name is causing confusion.

3.  The applicant was inducted into the Regular Army on 2 October 1963.  His name 
is listed as  on his DD Form 47(Record of Induction). 

4.  He was released from active duty on 1 October 1965 and his DD Form 214 lists 
his name as "

5.  The name listed on his DD Form 214 is the only name recorded in his military 
records.

6.  On  March , the Family Court of the  District of 
, granted the applicant's request to correct his name to ."
7.  He provides his birth certificate, social security Card, and driver's license, which 
show his name as " 

8.  The DD Form 214 is a historical document that should reflect the record as it 
existed at the time the DD Form 214 was created.

BOARD DISCUSSION:

1.  The evidence presented does not demonstrate the existence of a probable error 
or injustice pertaining the applicant's request to correct his name in the record.  The 
Board found insufficient evidence in the applicant’s record of the name he requests 
to reflect on his DD Form 214; the applicant's official military personnel file contains 
documents that show he consistently used the name listed on his DD Form 214 and 
entrance documents, throughout his service. The Board agreed regulatory guidance 
provides for the maintaining of military records as they were during the member’s 
period of service.

2.  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 
about the difference in the name recorded in his military records and the name on 
his marriage certificate and other current identification documents.
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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.


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 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) 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190012210
	
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