ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20190008093 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 17 November 1962, to show his name as "FXXXXXX." instead of "FXXXXXX." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Hospital Birth Certificate, * DD Form 214, member copy #1 * Honorable Discharge Certificate, dated 11 March 1968 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 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 that his name on his DD Form 214 is not correct. 3. The applicant enlisted in the United States Army Reserve (USAR) on 12 March 1962. His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his listed his name as (first name, middle name, last name) "FXXXXX." He was ordered to active duty for training on 18 May 1962. 4. The available documents in his record shows he listed his first and middle names as "Frank J." He authenticated these documents, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes the first and middle names spelled as "FXXXXX." His record does not contain any documents that show his first and middle names as "Francis B." per his request. 5. The applicant was honorably released from active duty on and transferred to the USAR Control Group (Annual Training) on 17 November 1962. His DD Form 214 show his first and middle names as "FXXXXX" and his signature appears as "FXXXXX." 6. The applicant provides a copy of a certificate from the Harrisburg Hospital, Harrisburg, PA, which shows his first and middle name as "Francis B." per his request. He additionally provides an Honorable Discharge Certificate from the USAR, dated 11 March 1968, which shows his first and middle names as "FXXXXX" 7. Army Regulation 635-5 (Personnel Separations – Separation Forms), dated 11 January 1960, directed to enter the last name, first name, and full middle name or names, if any in item 1 at the time of separation. Additionally, the regulation directed that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted the applicant's military records show he served exclusively under the name “FXXXXX,” which is accurately recorded on his DD Form 214. The Board agreed that in this case the evidence is insufficient as a basis for changing the name recorded on his DD Form 214, absent evidence of an error or injustice. 3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the name recorded in his military records and the name he now uses. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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 for correction of the records of the individual concerned. 11/25/2019 X CHAIRPERSON 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 Army Board for Correction of Military Records (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 (Personnel Separations – Separation Forms), dated 11 January 1960, prescribed the forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. They also apply to certain members of the Reserve components on active duty for training. It directed to enter the last name, first name, and full middle name or names, if any in item 1 at the time of separation. Additionally, the regulation directed that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.