ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190002764 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DD Form 215 (Correction to DD Form 214) to show his name as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certification of Birth, * AR20170008629 with allied documents 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 that his confirmation name is ; however, his birth certificate shows his name as 3. He was inducted into the Army of the United States on 15 May 1968. His induction record lists his name as . There is no document filed in his record indicating that he did not have a middle name. 4. On 14 May 1970, he was released from active duty. The DD Form 214 issued at the time of separation and his DD Form 215, issued on 25 January 2019, both show his name as 5. The applicant provides his birth certificate, which shows his name as 6. Regulatory guidance states the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. //NOTHING FOLLOWS// BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his name as it appears on his record of induction and DD Form 214 and the certification of birth provided by the applicant. The Board found that the records reflect the circumstances as they existed at the time of the applicant’s service. Based on a preponderance of evidence, the Board determined that the applicant’s name as it appears on his DD Form 214 is not in error or unjust. 2. The applicant is advised that a copy of these proceedings will be filed in his official records to clarify the difference between the name he used in service and the name he uses now. 3. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. All available military records will be used to prepare this form. ABCMR Record of Proceedings (cont) AR20190002764 4 1