ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  11 August 2020 DOCKET NUMBER:  AR20190014930 

LEGEND:   X=   
  Y=   

APPLICANT REQUESTS:  correction to item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to read X instead of Y. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Final Decree for Name Change

.US Passport

.State Issued Driver’s License



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states his name was legally changed on 30 October 2013.  He is nolonger legally known as Y and would like his name changed so that it aligns with therest of his government documents.

3.A review of the applicant’s official military records shows:

a.On 17 Jul 1996, he enlisted in the US Army Reserve in a Delayed Entry Programand entered on active duty on 14 August 1996.  His enlistment contract reflects in Item 1 (Name) his name is listed as Y.  

b.On 24 July 2002, he reenlisted in the Regular Army, and his reenlistmentdocuments show he enlisted under the name Y. 


c.An Enlisted Record Brief dated 24 May 2004 also shows his full name as Y,consistent with all the documents in his records. 

d.On 30 June 2004, he was honorably discharged from active duty.  Item 1 (Name)shows his name as Y. 

3.The applicant provides:

a.A court document granting his name be changed from Y to X dated21 October 2013, after completing his period of military service. 

b.A photocopy of his passport, issued on 7 May 2015 that shows his name as X.

c.A new State of commercial driver license, issued 4 May 2019, that shows





his name as X. 4.Army Regulation 635-8 (Separation Processing and Documents), dated 10 February2014, directed to compare the name with the original enlistment contract and review theofficial record for possible name changes.  If a name change has occurred (during theperiod of service), list other names of record in block 18 (Remarks). Otherwise enter thelast name, first name, and full middle name or names, in block 1 at the time ofseparation.  There is no evidence, nor did the applicant provide any evidence, that heused any other names than Y while serving in the military.BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s name change occurred after the period of service covered by the DD Form 214.  The Board agreed regulatory guidance provides for the maintaining of military records as they were during the member’s period of service.  The Board found no evidence to show that the name in the applicant's records was not an accurate representation of the circumstances as the existed at the time of his service.  Based on a preponderance of evidence, the Board determined that the name shown on the applicant's DD Form 214 was not in error or unjust.The applicant is advised that a copy of this decision will be placed in official personnel records and will serve to clarify the difference between the name in his records and the name he goes by today.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : 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. 


X 

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: 

1.10, United States Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice.  This provision of law also allows the ABCMR to excuse an applicant's failureto timely file within the 3 year statute of limitations if the Army Board for Correction ofMilitary Records (ABCMR) determines it would be in the interest of justice to do so.

2.Army Regulation 635-8 (Separation Processing and Documents),dated 10 February 2014, directed to compare the name with the original enlistmentcontract and review the official record for possible name changes.  If a name changehas occurred (during the period of service), list other names of record in block 18(Remarks). Otherwise enter the last name, first name, and full middle name or names,in block 1 at the time of separation.

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