DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                                                          
Docket No: 0724-20                                                   
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj:   REVIEW OF NAVAL RECORD OF 

Ref:    (a) 10 U.S.C. § 1552 

Encl:   (1) DD Form 149 

1.  Pursuant to the reference, Petitioner, a former enlisted sailor, filed the enclosure with the Board for Correction of Naval Records (Board) requesting a change to his naval record, specifically, to correct his last name on his Certificate of Release or Discharge from Active Duty (DD Form 214). 

2.  The Board, consisting of                                                       reviewed Petitioner’s allegations of error and injustice on 27 February 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, as well as applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:

    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

    b.  Although the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits.

    c.  Petitioner enlisted in the Navy on 13 September 1948.  He was released from active duty on 12 September 1949, with an honorable characterization of service.  In this regard, Petitioner was issued a DD Form 214 based on the name used at enlistment, specifically, “             .”

    d.  Petitioner contends his last name should read “       ” vice “        ” on his DD Form 214.  He contends his name was spelled incorrectly by the attending physician when he was born. 

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.  The Board noted Petitioner has provided legal evidence (specifically, a certified copy of his birth record) supporting his request to correct his last name to “     ” on his DD Form 214.  The Board further concluded that no other changes should be made to Petitioner’s record, and that both the previously issued DD Form 214 and the new DD Form 214 should remain in the record for historical purposes.

RECOMMENDATION:

In view of the above, the Board directs the following corrective action:

That Petitioner’s naval record, specifically, Block 1 of the DD Form 214, be corrected to reflect the name “          ” instead of “             .”

That Petitioner be issued a new DD Form 214 which reflects the name “              ”.

That a copy of this report of proceedings be filed in Petitioner’s naval record.

That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 14 January 2020.

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter.

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.

4/8/2020