IN THE CASE OF:  

		BOARD DATE:  25 August 2020

		DOCKET NUMBER:  AR20200002577


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) and all official records to change his name to show his 
current legal name instead of the contested name 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Court Order (Case No. ), District Court of, dated    
2 December 2019
*	copy, U.S. Army (Retired) identification card (United States Uniformed Services)
*	DD Form 214 

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, in effect, he has a court order changing his name. 

3.  The applicant's DD Form 214 for the period 17 September 2009 through 
27 November 2012 and all the other official records or documents in his military record 
reflect the contested name.  These documents include but are not limited to the below 
records:  

*	DD Form 4 (Enlistment – Reenlistment Document Armed Forces of the United 
States), dated 2 May 2006
*	DA Form 71 (Oath of Office – Military Personnel), dated 17 September 2009
*	Officer Record Brief, dated 30 April 2012
*	Orders 248-0003, Headquarters, 1st Infantry Division and Fort Riley, dated 
4 September 2012

4.  The applicant provides a copy of his retired military identification card and a court 
order, which shows his name was changed as a matter of law to his current legal name.

5.  Army Regulation 635-5 (Separation Documents) directs that the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  

6.  For historical purposes, the Army has an interest in maintaining the integrity of its 
records.  The data and information contained in those records should reflect the 
conditions and circumstances that existed at the time the records were created.

BOARD DISCUSSION:

1.  The evidence presented does not demonstrate the existence of a probable error or 
injustice pertaining to the applicant's request to correct his name in the record.  The 
Board found insufficient evidence in the applicant’s record of the name he requests to 
reflect on his DD Form 214.  The applicant's official military personnel file contains 
documents that show he consistently used the name listed on his DD Form 214 and 
entrance documents, throughout his service. The Board agreed regulatory guidance 
provides for the maintaining of military records as they were during the member’s period 
of service.

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 
court decree and other current identification documents.


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, USC, 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 Army Board for Correction of Military Records 
(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.  Army Regulation 635-5 (Separation Documents) establishes the policy for preparing 
and distributing the DD Form 214.  The regulation directs that the purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002577


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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