ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20170012949


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show in item 1 (Middle Name) X__.  Correct item 5 (Date 
of Birth) to 4 X___ XXX8.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Birth Certificate (Commonwealth of Virginia)
*	Orders 067-0001 dated 8 March 1999 
*	DD Form 2648 (Pre separation Counseling Checklist)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), 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 would like correction of his DD Form 214 regarding his middle name 
from X_ to X_ and his date of birth from 5 X__ XXX8 to 4 X_ XXX8.

3.  The applicant provides:

*	A Department of Health (Division of Vital Records) Certificate of Vital Record 
from the Commonwealth of Virginia Certificate of Live birth with middle name as 
X_ and date of birth 4 X__ XXXX
*	Orders 067-0001 Separation Processing dated 8 March 1999 with middle name 
X__ and day of birth 5 X__ XXXX
*	DD Form 214 dated 31 August 1999 with middle name X__ and day of birth 
5 X__ XXX8



4.  A review of the applicant’s service record shows the following:

   a.	 He enlisted in the Regular Army on 26 August 1977.  His DD Form 4 
(Enlistment/Reenlistment Agreement Armed Forces of the United States) shows his 
name as (Last, First, Middle) X__, X___ X__ and his date of birth as 5 X_ XXX8.
   
   b.	DD Form 1966/1 (Record of Military Processing) dated 10 June 1977 was 
authenticated with his signature X__ X__ X__.  The DD Form 1966 shows in Section III 
(Verification of Personal Data) item 23, if a preferred enlistment name (name given in 
block 1 (Name Last, first, middle (maiden, if any), Jr., Sr., etc.) is not the same as on his 
birth certificate and has not been changed by legal procedure prescribed by state law, 
complete the following: name as shown on birth certificate.  That the applicant had not 
changed his name through any court procedure; and that he preferred to use the name 
by which he is known in the community as a matter of convenience and with no criminal 
or fraudulent intent.  He stated he is the same person as the one whose name is shown 
in block 1.

   c.	SF Form 88 (Report of Medical Examination) dated 13 June 1977 shows in     
item 1 (Last Name-First Name-Middle Name) X__, X__ X___ and item 12 DOB (Date of 
Birth) as 5 X_ XXXX.

   d.	He was retired on 31 August 1999.  His DD Form 214 shows he completed        
22 years and 5 days of active service.  Item 1 (Name) reflects X___, X__ X.  Item 5 
(Date of Birth) reflects 5 X__ XXXX.  The applicant authenticated this form with his 
signature (illegible).  The available military records no not reflect the DOB the applicant 
requests.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army.  

   a.	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.

   b.	Paragraph 5-6 (e) states for item 5 (Date of Birth) verify data accuracy by 
reviewing original enlistment contract and/or application for appointment.

6.  By regulation, 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.  It states for item 1, compare original enlistment contract and review 
official record for possible name changes.  If a name change has occurred list other 
names of record in block 18 (Remarks). Item 5 (DOB) verify data accuracy by reviewing 
original enlistment contract and/or application for appointment.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The Board found the applicant’s record contained an Army document 
which shows the correct spelling of his name and correct DOB.  Therefore, the Board 
concluded that there is currently an error in the record which warrants correction.

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 by correcting his middle name and DOB, as depicted on the enclosed 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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation (AR) 635-8 (Separation Processing and Documents), currently in 
effect, prescribes policy and procedural guidance relating to transition management.  It 
consolidates the policies, principles of support, and standards of service regarding 
processing personnel for transition.

   a.	 Paragraph 5-1 (When to Prepare the DD Form 214 (Certificate of Release or 
Discharge from Active Duty)) states 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.

   b.	 Paragraph 5-6 (Rules for Completing DD Form 214) states for item 1 (Name), 
compare original enlistment contract or appointment order and review official record for 
possible name changes.  If a name change has occurred list other names of record in 
block 18 (Remarks).

   c.	 Paragraph 5-6 (e) states for item 5 (Date of Birth) verify data accuracy by 
reviewing original enlistment contract and/or application for appointment.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon 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, 
and the specific instructions for item 5 (Date of Birth) state to enter the date of birth.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170012949

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