ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20180009115 APPLICANT REQUESTS: his correct name be annotated on his DD Form 214 (Report of Separation from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form * Department of Veterans Affairs (VA) Veterans Choice Card Program * HI Driver’s License * Social Security Number (SSN) Card * Birth Certificate 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 military records show his name inverted. His local health center has the applicant in their system with his birth name, but TriWest Health Alliance has his authorization as the name used when he was drafted which was inverted. He was not aware he and his sister were adopted by his stepfather or his last name legally changed until years after he returned to Hawaii after his military service. His mother married a Navy Sailor who, for convenience, switched the applicant’s first name to the Sailor’s last name so he and his newborn sister could be claimed as the Sailor’s dependents. He is a Vietnam era veteran. He feels this is going to affect his VA hospital records and seeking assistance through the Veterans Choice Card Program. 3. The applicant provides: a. DD Form 214 and VA Veterans Choice Card Program which shows his name inverted from the name shown on his birth certificate. b. His HI driver’s license, his SSN card, and his birth certificate which shows his name as the applicant is requesting it is shown in his service records. 4. A review of his service record shows: a. He was inducted on 9 March 1971 in the Army of the United States. The name listed on DD Form 47 (Record of Induction) is inverted from what is shown on his SSN card and birth certificate. b. On 2 April 1973, he was released from active duty with an honorable discharge for immediate reenlistment. His DD Form 214 shows he completed 2 years and 24 days of active service. He immediately reenlisted in the Regular Army on 3 April 1973. The name listed on DD Form 214 and DD Form 4 (Enlistment Contract – Armed Forces of the United States) is inverted from what is shown on his SSN card and birth certificate. c. According to DA Form 20 (Enlisted Qualification Record) he served in Germany from 24 June 1974 to 21 March 1977. The name listed on DA Form 20 is inverted from what is shown on his SSN card and birth certificate. d On 31 March 1977, he was released from active duty with an honorable discharge. His DD Form 214 shows he completed 6 years and 22 days of active service. It also shows he was awarded or was authorized the National Defense Service Medal and the Good Conduct Medal (2nd Award). The name listed on DD Form 214 is inverted from what is shown on his SSN card and birth certificate. 5. By regulation, 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 review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his legal name documented in his military records. 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 (AR) 635-5 (Personnel Separations – Separation Documents), currently in effect, states 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. 3. Army Regulation 635-8 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214. It states for item 18 (Remarks) to Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable”, enter “Continuous Honorable Active Service from” (first day of service for which DD Form 214 was not issued) until (date before commencement of current enlistment). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180009115 4 1