IN THE CASE OF:  

		BOARD DATE:  6 July 2020

		DOCKET NUMBER:  AR20200002974


APPLICANT REQUESTS:  correction of his records to show his current legal name 
instead of his contested name.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	U.S. Passport
*	Judgment of Dissolution and Notice of Entry of Judgment
*	Social Security Card
*	Driver License


FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in 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 has reverted to his birth name following a divorce.

3.  The applicant enlisted in the Regular Army on 4 May 2006.  He was honorably 
discharged on 3 July 2008.  Item 1 NAME (Last, First, Middle) of the DD Form 214 
(Certificate of Release or Discharge from Active Duty) he was issued lists his name as 
his current legal name

4.  The applicant enlisted in the U.S. Army Reserve on 28 June 2012.  Item 1 NAME 
(Last, First, Middle) of his DD Form 4/1 (Enlistment/Reenlistment Document – Armed 
Forces of the United States) lists his name as the contested name.

5.  The applicant entered active duty for training (ADT) on 2 January 2013.  He was 
honorably released from ADT on 17 June 2013.  Item 1 of the DD Form 214 he was 
issued lists his name as the contested name.

6.  The applicant provides a Superior Court Judgment of Dissolution and Notice of Entry 
Judgment, dated 6 October 2015, which dissolved his marriage and restored his name 
to his current legal name.  He further provides a copy of his social security card, driver 
license and U.S. Passport bearing the name he requests.

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 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 that 
relief is warranted.

2.  The Board noted that, although the DD Form 214 he was issued on 17 June 2013 
reflects the name he used at that time, he had previously served under his current legal 
name.  Based on that fact, the Board determined it would be appropriate to issue a 
DD Form 215 (Correction to DD Form 214) reflecting his current legal name to be 
attached to the DD Form 214 he was issued on 17 June 2013.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	           :	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

:		:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by issuing a DD Form 215 
correcting his DD Form 214 for the period ending 17 June 2013 to show the name 
recorded on his U.S. Passport.  

		  
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)	 AR20200002974


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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