ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20180001659 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as “X___” vice “X___” and his middle name as “X___” vice “X___.”” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Social Security Benefits Letter * Certification 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 he was unaware of the spelling of his name as it appears on his birth certificate. He provides some documents (Social Security Benefits Letter and Certification of Live Birth) reflecting the name he believes is correct. 3. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. Review of the applicant’s available records show (DD Fo9rm 214) a. He enlisted in the Regular Army on 31 July 1962. b. He was honorably released from active duty as an overseas returnee on 2 July 1965. Block 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his first name as “X___” (the letter “e” in the fifth digit) and his middle name as “X___” (the letter “c” in the third digit). 5. By regulation (AR 635-5), 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 determined relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the current spelling of the applicant’s first and middle name were entered in error and warranted correction. In addition, although not requested, the Board noted that the applicant’s “DOB Month” is misspelled and should be corrected. 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 to reflect the requested spelling of the first and middle name, as depicted on the enclosed birth certificate of the applicant. Additionally, the Board noted that the current entry in Item 6 (DOB) is incorrect and should be corrected to read “25 Nov 44”. 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 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 ABCMR Record of Proceedings (cont) AR20180001659 3 1