BOARD DATE:  15 September 2020

		DOCKET NUMBER:  AR20200001395


APPLICANT REQUESTS:  Correction of his military records to show his last name as 
R _ _ _ _ instead of W _ _ _ _ _.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Report of Separation from the Armed Forces of the United States)
*	Certificate of Birth
*	amended Certificate of Birth 
*	Certificate of Birth (daughter's)
*	Court Order for Name Change, dated 5 January 1962 

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, U.S. 
Code, 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 his last name on his birth certificate is incorrect.  He would like 
to correct his records for himself and his family.  

3.  The applicant enlisted in the Regular Army on 4 May 1951.  His DD Form 4 
(Enlistment Record) shows his last name as W _ _ _ _ _.

4.  A review of the applicant's available military records revealed he served under the 
last name W _ _ _ _ _ throughout the entire period of his active duty service.  There is 
no evidence that shows he listed his name as R _ _ _ _.

5.  The applicant was released from active duty and transferred to the U.S. Army 
Reserve on 25 January.  His DD Form 214 shows his last name W _ _ _ _ _.

6.  The applicant provided a Court Order for Name Change that shows his last name 
was legally changed to R _ _ _ _ in January.
BOARD DISCUSSION:

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

2.  The Board noted that the applicant enlisted and served exclusively under the name 
recorded on his DD Form 214 and did not change his last name until several years after 
he was released from active duty.  The Board found insufficient evidence of mitigating 
factors to support a recommendation for relief in this case.  The Board determined the 
applicant's DD Form 214 accurately reflects the name the applicant used at the time of 
his service and there is no error in this case.

3.  The applicant is advised that these proceedings will be filed in his Official Military 
Personnel File, which should serve to explain the difference in the last name under 
which he served and the last 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.


REFERENCES:

1.  Title 10, U.S. Code, 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 – Discharge Procedures and 
Preparation of Separation Forms), in effect during the applicant's active duty service, 
states all entries on the DD Form 214 and the items under personal data apply only 
to the current period of active duty. 

3.  Army Regulation 635-5 (Separation Documents), superseded Special Regulation
615-360-1.  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001395


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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