ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20180008358 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his legal first name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Record of Birth – State of New Jersey * Birth Certificate – New Jersey State Department of Health * Driver’s License – State of New Jersey * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) 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 legal name is X___, not X___. He would like his DD Form 214 to reflect as such. He is being denied some Veteran benefits because his first name is incorrect on the DD Form 214. The U.S. Army has always recorded his first name as Jack, incorrectly. In the past he never had any problems, however, he is now being denied Veteran benefits by the state of New Jersey. 3. The applicant provided his record of birth, birth certificate, New Jersey state driver’s license, DD Form 214 and NGB Form 22. Each document with the exception of his DD Form 214 shows his first name as John. 4. The applicant’s service records shows: a. He enlisted in the Army Reserve on 23 October 1982 as X___ X__. On 23 October 1982, he certified and signed Section D (Certification and Acceptance), Block 14b (Signature of Applicant/Reenlistee), page 3 of DD Form 4 as X___ X__. b. On 25 July 1983, in Section E (Confirmation of Enlistment or Reenlistment), Block 16b (Signature of Enlistee Enlisted from Delayed Entry Program into Regular Component and Date), page 4 of DD Form 4, he signed as X___ X__. On the same form and date, he certified his enlistment application to be accurate in block 17b with a signature of X___ X__. c. On 6 October 1982, he stated in Section X (Statement of Name for Official Military Records), Block 48 of DD Form 1966/8 that his name was X___ X__ but, preferred to be addressed as X___ X__. He also stated his social security number reflected the name X___ X__. d. In Block 21 (Signature of Member Being Separated) of DD Form 214, he authenticated his DD Form 214 as X___ X__. e. The following documents of his official military personnel file shows his name as X___ X__: * Personnel Qualification Record, dated 7 December 1986. * DA Form 2-1 * DD Form 214 with a separation date of 24 July 1985 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 31 March 2011 f. His NGB Form 22 with an effective date of 1 April 2006, shows his name as X___ X___ however, he was not available for signature. 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 the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows that when he enlisted, he preferred to use the contested name during his period of service. Therefore, because the DD Form 214 accurately depicts the preferred name indicated on enlistment documents, the Board agreed there was no error or injustice in this case. 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. 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 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. a. 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. b. For block 1, compare with the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008358 3 1