ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190006163 APPLICANT REQUESTS: correction of his first name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show instead of APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, for the period ending 19 October 1984 * Record of Birth from * Social security card 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 first name was mistyped on his DD Form 214 from to 3. The applicant enlisted in the Regular Army on 22 October 1981. His DD Form 4 (Enlistment / Reenlistment Document – Armed Forces of the United States) shows he identified his first name as and signed his name the same way on the document. 4. The applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 19 October 1984. Item 1 (Name – Last, First, Middle) of his DD Form 214 shows the spelling of his first name as and he signed his name the same way on the document. 5. His record contains the following documents that show his first name spelled as He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes his first name spelled as * – High School Diploma Equivalency, dated 12 July 1982 * Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), dated 11 April 1985 * DD Form 93 (Record of Emergency Data), dated 12 April 1985 * DA Form 2-1 (Personnel Qualification Record – Part II), reviewed 29 August 1987 * DA Form 428 (Application for Identification Card), dated 22 November 1987 * Orders 15-14, dated 4 February 1988 6. A review of his official military personnel file revealed all documents, excluding one, showing his first name spelled consistently as throughout his military service. His record does contain a certificate where he served with the Multinational Force and Observers – Sinai that lists his first name as Additionally, his record contains a Commonwealth of Pennsylvania, Department of Health – Certification of Birth, filed 2 October 1963, which shows his first name spelled as 7. The applicant provides an undated record of birth certificate from the Clearfield Hospital, Clearfield, Pennsylvania, and his social security card, issued 5 February 2013 each showing the spelling of his first name as 8. Army Regulation 635-5 (Separation Documents), dated 15 August 1979, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 1, enter name in all capital letters. Include "Jr,"Sr," or "II" when needed, at the time of separation. This regulation also states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the record. The Board considered the applicant’s statement, his record of service, his first name as it appears on multiple records and his corresponding signatures, the Certification of Birth in the records, one document reflecting his requested spelling and the Social Security Card and Record of Birth provided by the applicant. Based on a preponderance of evidence, the Board determined that the applicant’s first 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 spelling of his first name used during his service and the spelling he uses today. 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), dated 15 August 1979, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 1, enter name in all capital letters. Include "Jr,"Sr," or "II" when needed, at the time of separation. This regulation also states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. ABCMR Record of Proceedings (cont) AR20190006163 4 1