IN THE CASE OF:  

		BOARD DATE:  6 July 2020

		DOCKET NUMBER:  AR20200001611


APPLICANT REQUESTS:  correction of his records, to show his first name as "J" 
instead of "J."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth
*	DD Form 214
*	State of Texas Permit
*	Social Security Card
*	a letter

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 he was completely unaware of his given birth name and the 
error is impacting his ability to obtain State and Federal benefits.

3.  The applicant enlisted in the Regular Army on 20 October 1976.  Having sufficient 
service for retirement, he retired honorably on 31 March 1997.  All of the documents in 
his military record reflect his first name as "J."  

4.  The available military records do not record the name he requests.

5.  The applicant provides a copy of his certificate of birth, social security card, and a 
State of Texas permit, which reflect the name he requests, "J.".

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 NAME (Last, First, Middle) 
states to transcribe the name at the time of separation from applicable documents.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found no 
evidence indicating the applicant used any name other than "J" during his military 
service, nor did the Board find evidence of any mitigating factors that would support a 
recommendation for relief.  The Board determined the name shown on his DD Form 214 
is not in error or unjust.  

2.  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 name under which he 
served and the name shown on his certificate of birth and other records he provides.

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.

		  
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, 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), 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)	 AR20200001611


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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