IN THE CASE OF:  

		BOARD DATE:  23 October 2020

		DOCKET NUMBER:  AR20200001185


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 due to 
citizenship.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	A Certificate of Naturalization, issued by the Department of Justice on 
7 August 1962 with court decree document changing his name
*	State of - Department of Veterans' Affairs document, dated December 

REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for 
Correction of Military Records (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 will be furnished each individual who is separated from the 
Army, including active duty for training (ACDUTRA) personnel, and establish 
standardized procedures for the preparation and distribution of these documents.  It 
established standardized policy for the preparation of the DD Form 214.  The 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  
It provides a brief, clear-cut record of active Army service at the time of release from 
active duty, retirement, or discharge.  It is important that information entered on the form 
be complete and accurate.  Item 1 (Last Name - First Name - Middle Name) of the 
DD Form 214 stated to enter the last name, first name, and full middle name or names, 
if any. 


FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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 his name was changed during his naturalization process on  
7 August 1962.  

3.  The applicant was inducted into the Army of the United States on 1 December 1958.  
His DD Form 47 (Record of Induction) shows his name spelled as (first name, middle 
name, last name) "Tixxx Mihxxx Vxxxx."  

4.  A review of the applicant's record does not contain any documents that show his 
complete name as "Thxxxxxx Michxxx Vxxxx" per his request.  

5.  The applicant was honorably released from active duty and transferred to the United 
States Army Reserve (USAR) on 12 November 1960.  His DD Form 214 shows his 
name as "Vxxxx, Tixxx Mihxxx" and his signature appears as "Tixxx Mihxxx Vxxxx."   

6.  The applicant provides:

     a.  A "Certificate of Naturalization" from the U.S. Department of Justice, which shows 
he was granted citizenship via naturalization from the District Court of The United States 
in Chicago on 7 August 1962, under the name "Thxxxxxx Michxxx Vxxxx" as granted by 
decree of the court as part of his naturalization process. 

     b.  A State of Illinois - Department of Veterans' Affairs document, dated  
17 December 2019 showing the applicant's requested name.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board found the applicant's DD Form 214 accurately reflects the name he used 
throughout his period of active duty service.  The Board found his post-service name 
change insufficiently mitigating to support a recommendation for relief in this case.  The 
Board determined the name recorded on his DD Form 214 is not in error or unjust.

3.  The applicant is advised that a copy of these proceedings will be filed in his Official 
Military Personnel File, which should serve to explain the difference between the name 
recorded on his DD Form 214 and the name he now uses.  


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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001185


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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