ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  14 February 2020

	DOCKET NUMBER:  AR20190013052


APPLICANT REQUESTS:  correction of his records, to show his last name as XXXX 
instead of XXXX

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Certificate of Birth

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 upon enlistment, he used his stepfather's last name.  After he 
was discharged, he started using his birth name.  When civilian insurance is used in 
combination with military health benefits, the conflicting names have created problems.

3.  The available records include a DD Form 214 which shows the applicant enlisted in 
the Regular Army on 14 September 1955 and was honorably discharged on 
4 November 1957.  His DD Form 214 shows his name as XXXX."

4.  The applicant provides a copy of his Certificate of Birth, which lists his name as 
XXXXX."

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

6.  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 (Last Name - First Name - 
Middle Name) states to transcribe the name at the time of separation from applicable 
documents.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the DD Form 214 reflecting the name that is used 
throughout the applicant’s military record, the Board concluded there was insufficient 
evidence of an error or injustice which would warrant a change to the record.

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 in his name recorded in his military record and the name 
currently being used by the applicant.

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), 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 states to transcribe the name at the time of separation from 
applicable documents.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190013052

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