IN THE CASE OF:  

		BOARD DATE:  23 July 2021

		DOCKET NUMBER:  AR20210006487


APPLICANT REQUESTS:  in effect, correction of 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 Live Birth
*	Endorsement
*	Orders 137-0001, dated 16 May 2000
*	DD Form 2648 (Preseparation Counseling Checklist)
*	Vernon Parish Recording Page
*	Judgment

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 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 enlisted into the Regular Army on 22 August 1996.  Item 1 (NAME 
(Last, First, Middle)) of his DD Form 4 (Enlistment/Reenlistment Document - Armed 
Forces of the United States) lists a contested name. 

3.  He was honorably released from active duty on 21 August 2000.  His record contains 
a DD Form 214 (Certificate of Release or Discharge from Active Duty), which lists the 
contested name.

4.  The applicant provides a copy of a Judgment, which ordered, adjudged and decreed 
his name be changed as he requests effective 18 November 1999.

5.  The applicant's military record does not contain any documentation that shows the 
name he now requests. 
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.  

7.  Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing 
before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the 
Director of the ABCMR. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Although the applicant’s military record reflects the contested 
name on all active duty documents, the Board concluded that because the 
documentation available shows the applicant legally changed his name during the 
period of service and prior to his departure of active duty service, the Board concluded 
there was sufficient evidence to show that the name reflected on the applicant’s DD 
Form 214 was entered in error and warrants correction.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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:

     a.  voiding his current DD Form 214 and issuing him a new DD Form 214, 
showing his name as shown on the court-ordered name change.  

     b.  No entries should be made in block 18 of the reissued DD Form 214 listing his 
previous name or indicating the DD Form 214 was administratively reissued.
		  
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 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 (NAME (Last, First, Middle)) states to transcribe the name at the time 
of separation from applicable documents.

3.  Army Regulation 15-185 prescribes the policies and procedures for correction of 
military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR 
may, in its discretion, hold a hearing or request additional evidence or opinions.  
Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing 
before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever 
justice requires.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210006487


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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