IN THE CASE OF: 

		BOARD DATE: 18 November 2021

		DOCKET NUMBER: AR20210012675


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her legal first name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record under the Provisions of 
Title 10, U.S. Code, Section 1552).

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 her legal first name is Xa___. Her nickname Xo___ is recorded 
on her DD Form 214. She would like her DD Form 214 to reflect her legal first name.

3.  The applicant completed a DD Form 1966 (Application for Enlistment – Armed 
Forces of the United States) on 18 October 1977.

	a.  Section I (Personal Data), item 1 (Name – Last, First, Middle (maiden, if any) Jr., 
Sr., etc.) shows she entered her first name as Xo___.

	b.  Section III (Verification of Personal Data), item 23, instructed: "If Preferred 
Enlistment Name (name given in block 1(Name)) is not the same as on your birth 
certificate and has not been changed by legal procedure prescribed by state law, 
complete the following" and shows she entered in:

		(1)  item 23a (Name as Shown on Birth Certificate), her first name as Xa___ and 
indicated: "I hereby state that I have not changed my name through any court or other 
legal procedure; and that I prefer to use the name by which I am known in the 
community as a matter of convenience and with no criminal or fraudulent intent. I further 
state that I am the same person as the person as the one whose name is shown in 
block 1"; and


		(2)  item 23c (Signature of Applicant), her signature by spelling her first name as 
Xo___.

4.  She enlisted in the Regular Army on 21 October 1977. Her DD Form 4 (Enlistment or 
Reenlistment Agreement – Armed Forces of the United States) shows her first name as 
Xo___ and her signature by spelling her first name as Xo___.

5.  A review of her military records revealed she served under the first name of Xo___ 
throughout the entire period of her active duty service.

6.  She was released from active duty on 14 November 1980. Her DD Form 214 shows 
her first name as Xo___ and her signature by spelling her first name as Xo___.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is warranted.

2.  Although the applicant chose to serve under her nickname, the Board noted that the 
current instructions for preparing the DD Form 214 require that other names of record 
be entered in the remarks block on the form.  The Board determined that, as a matter of 
equity, it would be appropriate to correct her DD Form 214 by adding her legal name to 
the remarks block.


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:

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 adding to block 18 of her 
DD Form 214 the entry "Other name of record:  [name shown in section III, item 23, of 
her DD Form 1966]."
	 
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 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 (Separations Documents), 15 August 1979, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for 
preparation and distribution of the DD Form 214. 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.

3.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, 
requires that other names of record be entered in block 18 (Remarks) of the DD Form 
214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210012675


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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