ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20190009997 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as " " instead of " " and his Home of Record (HOR) as " " instead of “ ," and his date of birth (DOB) as " " instead of " ." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Social Security Card * 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 DD Form 47 (Record of Induction) shows his name in item 1 (Last Name-First Name-Middle Name) as " " and his HOR city and state was listed as and item 5 (DOB) shows the entry " ." 3. The applicant's records contain various personnel documents that show his name as " ." Several of these forms are signed by the applicant using this name. Furthermore, there is no evidence and he does not provide any evidence to show he ever used the requested name during his military service. 4. The applicant was honorably transferred to the U.S. Army Reserve 28 October 1965. Item 1 (Last Name-First Name-Middle Name) of the DD Form 214 he was issued shows his name as " _", item 6 (DOB) shows the entry " ", and item 23 (HOR) shows his HOR city and state as " ." 5. The applicant provides a copy of his birth certificate and Social Security Card which show his name as "" ." His Birth Certificate also shows his DOB as " ." 6. 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. BOARD DISCUSSION: 1. After reviewing the application and all supporting evidence, the Board found that full relief is warranted. 2. The Board noted that the applicant consistently used the name " " during his active duty service, but the Board agreed that the name should be corrected, as the name in his record is a simple transposition of the first and middle name shown on his Birth Certificate as opposed to an entirely different name. 3. The Board noted that , is not in and agreed that " " should be deleted from the HOR entry on his DD Form 214. 4. The Board noted that his DOB was correctly recorded throughout his service record, with the exception of the DD Form 214. The Board agreed that this typographical error should be corrected. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 KL: JK: ST: 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 his DD Form 214 as follows: * Replace the entry in item 1 with the name shown on his Certificate of Birth * Replace the entry in item 6 with the date of birth shown on his Certificate of Birth * Delete " " from item 23 CHAIRPERSON 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 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), 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