IN THE CASE OF: BOARD DATE: 6 July 2020 DOCKET NUMBER: AR20190009062 APPLICANT REQUESTS: in effect, correction of his records to show his first name as "D" instead of "S." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Social Security Card * Certification of Birth FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 enlisted in the Regular Army on 9 February 1981. Item 1 Name (Last- First-Middle-Jr-Sr-etc.) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) lists his first name as "S." 3. The applicant was honorably discharged on 8 February 1984. Item 1 NAME (Last, First, Middle) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued lists his first name his name as "S." The applicant's military record did not contain any documentation that shows the first name he now requests. 4. The applicant provides a copy of his Certification of Birth and social security card, which list his first name as "D." 5. 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. Item 1 states to transcribe the name at the time of separation from applicable documents. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. The applicant used the first name "S" throughout his period of military service. The Board found insufficient evidence of mitigating factors that would serve as a basis for changing the first name recorded on his DD Form 214. The Board determined the DD Form 214 accurately reflects the information that was available at the time the form was created, and there is no error or injustice. 2. The applicant is advised that a copy of these proceedings will be filed in his Official Military Personnel File, which should serve to explain the difference in the name under which he served and the name he now uses. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (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. Item 1 states to transcribe the name at the time of separation from applicable documents. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009062 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1