ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  22 October 2019

	DOCKET NUMBER:  AR20190009640


APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States 
Report of Transfer or Discharge) to show his birth name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending on 6 October 1966
*	Certificate of Birth, issued 9 December 2010
*	NY State Driver License, issued 6 June 2017

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 states that his DD Form 214 incorrectly list his name as PGS.  His 
birth name is PGO

3.  His DD Form 47 (Record of Induction) shows he was inducted into the Army of 
the United States on 6 November 1964.  His name is listed as PGS on his induction 
contract.

4.  On 6 October 1966, he was released from active duty.  His DD Form 214 lists his 
name as PGS.

5.  The record is void of a request to change his name or evidence showing he 
served under another name while on active duty.

6.  The applicant provides a certificate of birth that lists his name as PGO and 
driver’s license that lists his name as PO.



7.  Army Regulation 635-5 (Separation Documents) states, in effect, that the 
DD Form 214 will reflect the conditions and circumstances that existed at the time 
the records were created.

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, the name in his records and his signature on a DD Form 214.  The 
Board considered the driver’s license and birth certificate provided by the applicant.  
The Board found insufficient evidence to show that the name recorded in the 
applicant’s records did not represent the circumstances as they existed at the time of 
his service.  Based on a preponderance of evidence, the Board determined that the 
applicant’s name as shown on his DD Form 214 was not in error or unjust.

2.  The applicant is advised that a copy of this decisional document will be filed in his 
official military personnel file.  This should serve to clarify any questions or confusion 
about the difference in the name recorded in his military records and the name on 
his birth certificate.  

3.  After reviewing the application and all supporting documents, the Board found the 
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.
















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), in effect at the time, 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190009640
	
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