ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20190009522 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his name as P____ in lieu of P____. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 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’s complete military service record is not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973 and his records were potentially affected by the fire. His case is being considered using the available evidence. 3. The applicant states he has been trying to years to correct his name on his DD Form 214 and is sending a copy of his birth certificate as proof of his name. 4. The applicant was inducted into the Army of the United States on 9 August 1951 and was honorably released from active duty on 24 July 1953, after 1 year, 11 months, and 16 days of net active service. 5. His DD Form 214 lists his name as P____ and his Certification of Military Service (the only available documents in his service records), lists his name as S____. There are no documents in the applicant’s available service records that list his name as A____ or alternately with last name first as P____. 6. The applicant’s birth certificate lists his name as A____. 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, the belief that his records had been lost or burned in the fire at the National Records Center, his DD Form 214 and Certification of Military Service and the Certification of Birth he provided. Based on a preponderance of evidence, the Board determined there was insufficient evidence to make as correction to the record as requested by the applicant. 2. The applicant is advised that a copy of these proceedings will be placed in his official records to clarify the difference in the name under which he served and the name that his 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 :XXX :XXX :XXX 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. Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time, established procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution an disposition of the various forms, records, and reports required, including the standardized policy for preparing and distributing the DD Form 214. Instructions for the completion of Item 1 (Last Name – First Name – Middle Name) state to enter the last name, first name, and spell out the full middle name or names, if any, with two typewriter spaces between the last name and first name, and between the first and middle names. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. ABCMR Record of Proceedings (cont) AR20190009522 4 1