ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20170019855


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending 3 July 1974 to show:

* his correct legal name as "XXXXX (NMN) Xxxxxxxx" instead of "XXXXXX Xxx Xxxxxxxx" and 
* his correct date of birth (DOB) as "XX Month Year" instead of "XX Month Year."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Certification of Birth, State of Florida, issued date 19 August 2002
* Social Security Card

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 did not know his correct real name as his mother called him "Xxx" when he was a child and only after he received a copy of his birth certificate did he know of these errors. 

3.  The applicant was inducted into the Army of the United States on 5 July 1972.  His DD Form 47 (Record of Induction) shows he identified his first and middle name as "Xucious Xxx" and his date of birth as "XX Month Year."

4.  Subsequently, he signed a DD Form 398 (Statement of Personal History) on 10 July 1972 that listed the spelling of his first and middle name as "XXXXX Xxx" and his date of birth as "XX Month Year."  

5.  The applicant was honorably released from active duty on 3 July 1974.  The 
DD Form 214 he was issued shows in: 

* item 1 (Last Name, First Name, Middle Name), the entry "Xxxxxxxx, Xucious Xxx"
* item 4 (DOB – Year, Month, Day), the entry "Year Month XX"

6.  A review of his official military personnel file revealed all documents, excluding the 
DD Form 398, shows the spelling of his first and middle name as "XXXXXX Xxx" and he signed it that way when applicable.  Additionally, his official military personnel file revealed all documents containing his DOB shows his day of birth as "XX." 

7.  The applicant provides a certified copy of his certification of birth that shows the spelling his full name as "XXXXX Xxxxxxxx" (with no middle name or initial) and his day of birth as "XX."   He also provides a social security card that shows the spelling of his full name as "XXXXXX Xxxxxxxx (with no middle name or initial). 

8.  Army Regulation 635-5 (Separation Documents), dated 20 August 1973, directed to enter name in order shown on DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate in item 1 and to transcribe the DOB from applicable documents in item 4 at the time of separation.   

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  Based upon the preponderance of evidence, the Board agreed his record should be corrected to reflect the name and date of birth listing on his birth certificate.

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 for the period ending 3 July 1974 by deleting the name and date of birth listed and replacing them with the name and date of birth shown on his State of Florida, Certification of Birth.

	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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 (Separation Documents), dated 20 August 1973, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For item 1, enter name in order shown on
DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate, at the time of separation.  For item 4, enter date in order shown using all numerals; e.g. 73 for year, 01 for January.   

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170019855
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