IN THE CASE OF: BOARD DATE: 2 December 2020 DOCKET NUMBER: AR20200003213 APPLICANT REQUESTS: reconsideration of his prior request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as X____ in lieu of X____ APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * birth certificate * baptismal certificate * DD Form 214 * Affidavit of Similar Name * prior Army Board for Correction of Military Records (ABCMR) Record of Proceedings for Docket Number AR20170017554, dated 21 February 2019 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20170017554 on 21 February 2019. 2. The applicant states his DD Form 214 lists his name as X____ X____ X____ X____. X____ is not his official legal first name and the error will complicate legal matters in the future. This must be a clerical error since his name does not have X____ in it. His birth certificate is correct, but his baptismal certificate is not. 3. The applicant provided a copy of his birth certificate, which lists his first name as X____, middle name as X____ and last name as X____. 4. He provided a copy of his baptismal certificate which lists his name as X____ X____ X____ X____. 5. The applicant completed a DD Form 398 (Statement of Personal History), dated 23 March 1969, wherein he wrote his name as X____ X____ X____ X____ and also signed the document as X____ X____ X____ X____. 6. A DD Form 47 (Record of Induction), shows the applicant was inducted into the Army of the United States on 25 March 1969. The applicant’s name is listed on this form as X____ X____ X____ X____. 7. The following documents in the applicant’s service records all list his name as X____ X____ X____ X____ * DA Form 428 (Application for Identification Card), undated * U.S. Army Recruiting Command Form 180 (Acknowledgment of Service Obligation), dated 25 March 1969 * Department of Veterans Affairs (VA) Form 29-8286 (Servicemen’s Group Life Insurance Election), dated 27 March 1969 * DD Form 1584 (National agency Check Request), dated 1 April 1969 * DA Form 2496-1 (Disposition Form), dated 5 October 1969 * DA Form 137 (Installation Clearance Record), dated 22 October 1969 * DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 27 October 1970 * DA Form 20 (Enlisted Qualification Record) 8. Headquarters, U.S. Army Personnel Center Special Orders Number 300, dated 27 October 1970 released the applicant from active duty effective 27 October 1970. The orders list his name as X____ X____ X____ X____. 9. The applicant’s DD Form 214 shows he was honorably released from active duty on 27 October 1970 as an overseas returnee, after 1 years, 7 months, and 2 days of net active service, including 1 year and 1 month in Vietnam. The applicant’s name is shown to be X____ X____ X____ X____. 10. There are no documents in the applicant’s available service records wherein his first name is listed as X____ in lieu of X____. 11. The applicant provided a State of Louisiana Affidavit of Similar Name, signed by a notary public on 23 February 2016, which states the applicant, X____ X____ X____ declared he is sometimes known as X____ X____ X____ and that all names correctly refer to one and the same person. 12. The applicant previously applied to the ABCMR requesting correction to his DD Form 214 to reflect his first name as X____ in lieu of X____ X____. His request was denied as the evidence presented did not demonstrate the existence of a probable error or injustice. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during his entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. 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 name recorded in his military records and to satisfy his desire to have his name documented in his military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX 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 to amend the decision of the ABCMR set forth in Docket Number AR20170017554 on 21 February 2019. 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: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, 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. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003213 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1