ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 


IN THE CASE OF:  
 

BOARD DATE:  20 April 2021 

DOCKET NUMBER: AR20210005805 


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 June 1980 to show his legal name change. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.DD Form 214

.City Circuit Court Final Decree of Divorce, page 1, undated

.Department of Veterans Affairs Identification Card, undated



FACTS: 











1.The applicant did not file within the 3-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 he legally changed his name.3.His DD Form 214 shows he enlisted in the Regular Army on 16 March 1978.4.He was discharged on 5 June 1980 under the Expeditious Discharge Program. Block 1 (Name – Last, First, Middle) of his DD Form 214 shows his name asX____ X____ X____.5.Page 1 of his divorce decree, undated, shows his name as X____ X X____, now known as X____ X. X____.6.His Department of Veterans Affairs identification card, undated, shows his name as X____ X____ X____ II.

BOARD DISCUSSION: 

1.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.

2.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his recordand dates of service, the reason for his separation and the name under which he servedfor his entire period of service.  The Board considered the undated, partial divorcedecree that reflects a different name.  Based on a preponderance of evidence, theBoard determined that the applicant’s name as shown in his DD Form 214 representedthe circumstances as they existed at the time of his service and was not in error orunjust.

3.The applicant is advised that a copy of this decisional document will be filed in hisofficial military personnel file.  This should serve to clarify any questions or confusionabout the difference in the name recorded in his military records and the name reflectedon the court document he provided.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XXX :XXX 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. 


X CHAIRPERSON

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 ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), effective 1 October 1979,prescribed the separation documents that must be prepared for Soldiers uponretirement, discharge, or release from active duty service or control of the Active Army.It established standardized policy for preparing and distributing the DD Form 214. Thegeneral instructions stated all available records would be used as a basis for thepreparation of DD Form 214, including the DA Form 20 (Enlisted Qualification Record),DA Form 66 (Officer Qualification Record), and orders. The specific instructions forblock 1 stated to enter the name in all capital letters. Include "JR," "SR," or "II" whenneeded.

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