ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 October 2019 DOCKET NUMBER: AR20190008844 APPLICANT REQUESTS: correction to item 1 (Last Name - First Name - Middle Name) of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 March 1969, to change his name to read instead of APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Birth * Social Security Card * Driver License * Marriage License 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 (ABCMR) 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 was inducted into the Army of the United States on 15 March 1967. The DD Form 398 (Statement of Personal History) he completed at the time of his induction shows he listed his first name as and indicated that was his alias. His enlistment document shows he spelled and signed his name as 3. The applicant was honorably discharged at the expiration of his term of service on 14 March 1969. His DD Form 214 shows his name listed as 4. His military record is void of evidence, which shows his name as 5. The applicant provides a certificate of birth, social security card, driver and marriage licenses which lists his name as 6. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army 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 records. The Board considered the applicant’s statement, his record of service and the name(s) appearing in his records and his corresponding signature. The Board considered the name shown on the applicant’s birth certificate, his marriage license (that preceded his service), social security card and driver’s license. The Board found sufficient evidence to show the applicant’s name as it existed at the time of service. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD form 214 for the period of service ending 14 March 1969 as follows: - Item 1 (last name, first name , middle name) – and; - Item 30 (Remarks) – add 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 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), then in effect, prescribed 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 service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190008844 4 1