IN THE CASE OF: BOARD DATE: 21 November 2021 DOCKET NUMBER: AR20210012418 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as shown on his registered birth certificate. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 29 July 1988 * certificate of birth * state certified birth certificate * social Security Administration card * state driver’s’ license FACTS: 1. The applicant did not file within the 3-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 in effect he was allowed to enter the Army with a last name that is not shown on his birth certificate. He used his preferred last name. He requests correction to his DD Form 214 by changing his last name from the name currently shown in Block 1 (Name (Last, first, middle)) to his legal name as shown on his certificate of birth. He is trying to apply for Veterans' benefits and his last name shown on his state identification card does not match his DD Form 214. In effect, he requests correction to his DD Form 214 so he can apply for Veterans’ benefits. 3. During the process of enlisting in the Army, he personally completed DD Form 1966 (Record of Military Processing – Armed Forces of the United States). He listed his last name as. On page 6 of his DD Form 1966 in Section VIII (Statement of Name for Official Military Records) in item 48 (Names Change) it states, "If the preferred name (name given in item 2) is not the same as on your birth certificate, and it has not been changed by legal procedure prescribed by state law, and it is the same as on your social security number card, complete the following: [Block 48a] (Name as Shown on Birth Certificate," the applicant entered his last name as shown on his birth certificate as. In 1986 he stated his last name as shown on his social security card was. He then signed this statement, "I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the [last] name of by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in item 2.” He signed this form with his preferred last name of. 4. On 25 January 1986 he enlisted in the United States Army Reserve Delayed Entry Program. A government official typed his information onto the form spelling his last name as shown on his DD Form 1966 series. The applicant affixed his signature to his DD Form 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States) with his last name as shown on his DD Form 1966 series. 5. On 12 June 1986 he was discharged from the Delayed Entry Program in order to enlist in the Regular Army. He enlisted in the Regular Army for 3 years. He also signed his DD Form 4/3 with his last name as shown on his DD Form 1966. 6. Throughout his period of service, the documents filed in his official military personnel record show his last name spelled as shown on his DD Form 1966 series. He often was asked to sign official documents and he wrote out his last name as shown on his DD Form 1966 series. His DA Form 2-1 (Personnel Qualification Record) shows his preferred last name of. 7. On 22 July 1988, Headquarters, First United States Army and Fort George G. Meade, issued him Orders 140-18 discharging him from the Regular Army effective 28 July 1988. His standard name line shown on this order is the same name including his last name as shown on his DD Form 1966 series. This order was amended by Orders 144-1 issued on 28 July 1988. His date of discharge was adjusted to 29 July 1988. 8. On 29 July 1988 he was discharged from the Regular Army. He was issued a DD Form 214 documenting his 2 years, 1 month and 18 days of active service. In Block 1 his last name is spelled as he wrote it on his DD Form 1966 and as he self- reported to the Government official who administered him his oath of office. There is no entry in Block 18 (Remarks) showing he used an alternate name during his active service. 9. In support of his application he provides his registered birth certificate, a state driver’s license and his Social Security Administration card. Each piece of evidence he provided shows his last name as. These documents show he served under a different last name than shown on these official civilian documents. 10. Army Regulation 635-8 (Separation Processing and Documents) currently in effect prescribes policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. For Block 1 (Name) compare the original enlistment contract and review the official record for possible name changes. If a name change occurred list other names of record in Block 18 (Remarks). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members noted that when the applicant enlisted, he completed a DD Form 1966 (Record of Military Processing) and listed his name as. On page 6 of his DD Form 1966 in Section VIII (Statement of Name for Official Military Records) in item 48 (Names Change) it states, when asked if the preferred name (name given in item 2) is not the same as on his birth certificate, and it has not been changed by legal procedure prescribed by state law, and it is the same as on his social security number card, enter the name shown on the Birth Certificate. He entered his last name as shown on his birth certificate as. In 1986 he stated his last name as shown on his social security card was. He then signed this statement, "I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the name of by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in item.” He signed this form with his preferred last name of. Board members found sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 amending his DD Form 214 to show his last name as shown on his birth certificate. 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 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. a. Personnel who were separating and entitled to receive a DD Form 214 were informed by counselors that the most vital document they would receive from the Army was their DD Form 214. b. The sources documents used in preparing the DD Form 214W (Worksheet) included the DA Form 201 (Military Personnel Records Jacket), DA Forms 2 and 2-1 (Personnel Qualification Record), enlistment records and DD Forms 214 for personnel with prior service. c. Block 18 (Remarks) stated this block was used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are to long for their blocks. 3. Army Regulation 635-8 (Separation Processing and Documents) currently in effect prescribes policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. 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 action, and prior inactive duty service at the time of release from active duty, retirement, or discharge. When separation is ordered, the separation approval document must be present for transition processing these included the Enlisted Record Brief or Officer Record Brief (prior to these forms it was DA Form 2-1 (Personnel Qualification Record)), separation approval documents, separation orders and any other document authorized for filing in the personnel records. For Block 1 (Name) compare the original enlistment contract and review the official record for possible name changes. If a name change has occurred list other names of record in Block 18 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012418 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1