IN THE CASE OF: BOARD DATE: 20 May 2021 DOCKET NUMBER: AR20200000849 APPLICANT REQUESTS: in effect, his middle name is incorrectly spelled APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 states, his middle name does not have the letter “h” after the “t” in his middle name. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 31 January 1973. His DD Form 4 (Enlistment Contract Armed Forces of the United States), Section 5 (Last name, First Name, Middle Name), shows the letter “h” after the “t” in his middle name. b. DA Form 2-1 (Personal Qualification Record), Section I (Identification), shows in Item 1 his middle name with the letter “h”. c. He was honorably released on 28 January 1977 and transferred to United States Army Reserves (USAR). His DD Form 214 shows in Item 1 (Last Name, First Name, Middle Name), his middle name with the letter “h”. He completed 3 years, 11 months, and 28 days of net active service this period. d. Orders Number 12-1131XXX, dated 20 September 1978, shows his middle name with the letter “h” and an effective date of discharge as 17 January 1979. 4. By regulation, Army Regulation 635-5 (Personnel Separations - Separation Documents), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The instructions for completing the DD Form 214 states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate. Compare the enlisted record brief/officer record brief to contract for possible name change. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicants petition and available military records the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested middle name during his entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Based on this the Board determined relief was not warranted and denied relief. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in his military records and to satisfy his desire to have his legal middle name documented in his military records. 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, 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. By regulation, Army Regulation 635-5 (Personnel Separations - Separation Documents), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The instructions for completing the DD Form 214 states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate. Compare the enlisted record brief/officer record brief to contract for possible name change. 3. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000849 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1