ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20180001898 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * Name from "XXXXXXXX” to “XXXXXXXXX” (the first name from XXXXX to XXXXXX and the middle name from XXXXX to XXXXXXXX) * Date of Birth (DOB) from "XXXXXXXX" to "XXXXXXX" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Birth Certificate * Signature Verification Form 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 his DD Form 214 (Block 1 (Last Name, First Name, Middle)) should reflect his legal name of XXXXXXXXXXX and Block 9 (DOB) should reflect his correct DOB of XXXXXXXX. 3. The applicant provides a copy of his North Carolina birth certificate that shows the name “XXXXXXXXXXXXXX” with a birthdate of XXXXXXXX. 4. A review of the applicant’s service record shows the following: a. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 25 August 1969 under the first name XXXXX, the middle name XXXXX, and the last name XXXXX, with a DOB of XXXXXXX. b. He completed a DD Form 398 (Statement of Personal History and disclosed his first name as XXXXX, his middle name as XXXXX, and his last name as XXXXX. He also disclosed his DOB of XXXXXXXX. c. On 31 March 1972, Special Orders 91 released him from active duty not by reason of physical disability and transferred to the United States Army Reserve (USAR). The order listed his first name as XXXX, his middle name as XXXXXX, and his last name as XXXXXXX. e. He was honorably released from active duty on 31 March 1972. His DD 214 shows in: * Item 1, his first name as XXXX, his middle name as XXXXX * Item 9, his DOB as XXXXXXXX f. On 3 December 1977, he enlisted into the USAR from 3 December 1977 to 1 December 1980 under the first name XXXXX, middle name XXXXXX, and last name XXXXXXX. with a DOB of XXXXXXXX g. On 11 March 1981 Orders 47-57, discharged him from the USAR with an honorable discharge and DD Form 256A (Certificate of honorable discharge) under the first name XXXX, middle name XXXXX, and last name XXXXXX. 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 that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the date of birth of the applicant’s DD Form 214 is , and that is not what currently appears on the DD214 of the applicant, so the Board recommended making that correction. However, the Board found that the name that appears on the DD Form 214 of the applicant is consist with all names found withing the record, including the enlistment contract. Therefore, the Board found no error or injustice which would warrant making a change to the name as it currently appears on the DD Form 214 of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214, dated 31 March 1972, by changing Item 9 to read . 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the name depicted on the DD Form 214 of the applicant. 3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the name recorded in his military records and the on his 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 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), 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 6 (Date of Birth) state to enter the date of birth. ABCMR Record of Proceedings (cont) AR20180001898 4 1