ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 October 2019 DOCKET NUMBER: AR20170013064 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the name on his birth certificate not APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Certificate of Live Birth 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 states, since he joined the United States Army in 1980, he has signed his name as Jxxx, knowing his real name is . Now, he must get his correct name on his military documents because the social security office only recognizes 3. The applicant provides a Department of Public Health State of Division of Vital Statistics Certificate of Live Birth dated showing his name as 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 6 March 1980. His DD Form 4 (Enlistment or Reenlistment agreement) shows in Item 1 (Last Name, First Name, Middle), last name as , his first name as and middle name is annotated as b. DA Form 2-1 (Personnel Qualification Record) reflects in item 34 (Signature). ABCMR Record of Proceedings (cont) AR20170013064 c. DA Form 664 Service Member’s statement Concerning Application For Compensation form the Veterans Administration reflects in item 4 ( Name Grade and SSN) item 5 ( signature of member being separated) d. On 30 March 1983, the applicant was honorably relieved from the Regular Army. The (Last Name, First Name, Middle) in block 1 of his DD Form 214 shows, last name as , his first name as Jxxk his middle name as . 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. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Board members agreed that the applicant used both names and (with and without ie at the end of the name) on his enlistment contract. The Board's practice is that if there is at least one document supporting the contested issue, the Board may grant relief. Here, the Board voted 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 ABCMR Record of Proceedings (cont) AR20170013064 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 a first name similar to that shown on his birth certificate. 10/31/2019 I certfy 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 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. NOTHING FOLLOWS 1 1 1