ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  8 November 2019

	DOCKET NUMBER:  AR20190012780


APPLICANT REQUESTS:  correction of his military records to show his name as 
 in lieu of .

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored statement
*	State of  County of Wrder Index Number
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’s complete military service record is not available to the Board for 
review.  A fire destroyed approximately 18 million service members’ records at the 
National Personnel Records Center (NPRC) in 1973 and his records were potentially 
affected by the fire.  His case is being considered using the available evidence.

3.  The applicant states:

   a.  He legally changed his name from  on 
 and requests his military records be corrected to reflect his legal 
name change.
   
   b.  He was born on and served in the U.S. Army from 5 February 
1951 through January 1953 under his birth name of His serial 
number was US 

4.  The only available service record from NPRC pertaining to the applicant is a 
roster of Soldiers among which he is listed.  The applicant is listed on the roster as 
 with serial number US 

5.  The applicant provided a State of Order Index 
Number  which shows he changed his name from  to 
on 19 May 1989.

6.  There are no documents in the applicant’s available service records that list his 
name as

BOARD DISCUSSION:

1.  The evidence presented does not demonstrate the existence of a probable error 
or injustice pertaining to 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, 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.



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.  Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted 
Personnel), in effect at the time, established procedures to be followed in the 
separation of enlisted personnel from active military service and described the 
proper method of execution an disposition of the various forms, records, and reports 
required, including the standardized policy for preparing and distributing the 
DD Form 214.  Instructions for the completion of Item 1 (Last Name – First Name – 
Middle Name) state to enter the last name, first name, and spell out the full middle 
name or names, if any, with two typewriter spaces between the last name and first 
name, and between the first and middle names.
	
3.  Army Regulation 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the 
Secretary of the Army acting through the ABCMR.  The ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190012780

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