IN THE CASE OF:  

		BOARD DATE:  1 February 2021

		DOCKET NUMBER:  AR20200002065


APPLICANT REQUESTS:  reconsideration of his previously denied request to correct 
his records to show his legal name instead of his contested name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Birth
*	Order Changing the Name of an Adult
*	2 letters from the Social Security Administration
*	Driver License
*	DD Form 4 (Enlistment Contract – Armed Forces of the United States)
*	DA Form 2-1 (Personnel Qualification Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  Incorporated herein by reference are military records that were summarized in the 
previous consideration of the applicant's case by the ABCMR in Docket Number 
AR20180011427 on 1 October 2019.

2.  The applicant states, in effect, there should be a document in his records signed by 
his mother and step father stating he would enter military service using the contested 
name.  His mother would not let him enlist without using the contested name.  He used 
the contested name throughout his military service.  He enclosed an Order Changing 
the Name of an Adult and his birth certificate which lists his requested name.  

3.  The applicant enlisted in the Regular Army on 7 January 1977.  Item 5 NAME (Last 
Name, First Name, Middle Name) of his DD Form 4 lists his contested name.  

4.  He retired honorably on 30 November 1988.  Item 1 NAME (Last, First, Middle) of 
the DD Form 214 he was issued lists his contested name.  

5.  The applicant provides a copy of his Certificate of Birth, Order Changing the Name of 
an Adult, Driver License, and two letters from the Social Security Administration, which 
list the name he requests. 

6.  A review of his records did not reveal a document in his records signed by his 
mother and step father stating he would enter military service using the contested 
name.  

7.  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:

After reviewing the application and all supporting documents, the Board found that relief 
was partially warranted.

	a.  A majority of the Board found his records did not reveal a document in his 
records signed by his mother and step father stating he would enter military service 
using the contested name. Since the DD Form 214 is a synopsis of the Soldier's most 
recent period of continuous active service and reflects the conditions at the time of 
separation, a majority of the Board voted to deny relief.  

	b.  The member in the minority determined that although no evidence in the record 
shows he used the contested name, the member believed since the current regulation 
allows for adding other names used, in the Remarks Block of the DD Form 214, the 
member in the minority voted to do so.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	X:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X:	:	X:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number 
AR20180011427 on 1 October 2019.

2.  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 
about the difference in the name recorded in his military records and the name on his 
birth certificate. 

		  
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:

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)	 AR20200002065


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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