ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20190010591 APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as ", Y" instead of "Y____" and to show his date of birth as instead of. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * copies of his birth certificate and social security card 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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on the documents his provided. 3. The applicant's DD Form 214 shows: * he enlisted in the Regular Army and he entered active duty on 20 September 1950 * his first name is listed as Y__ * his date of birth is listed as * he was discharged on 28 September 1953 * he signed his DD Form 214 listing his first name as "Y___ 4. The applicant provided a copy of his birth certificate which shows his first name as I____ and his date of birth as. He also provided a copy of his social security card which shows his first name as I___. 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 were lost or burnt in the fire at the National Records Center, his name as reflected on his DD Form 214 and his signature on the form, the name and date on the birth certificate he provided and the name on his Social Security card. Based on a preponderance of evidence, the Board determined that a correction to the first name and date of birth on the DD Form 214 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 :XXX :XXX :XXX 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 28 September 1953 as follows: - item 1 (Last Name – First Name – Middle Name) – “” vice “”, and - item 10 (Date of Birth) – “” vice “.” 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 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 Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided an outline of procedures to be followed in effecting discharge of enlisted personnel and described the proper method of executing and disposing of the various forms, records, and reports required. The regulation provides that the entries for items 1 (Last Name-First Name-Middle Name) and 10 (Date of Birth) of the DD Form 214 are self-explanatory. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states he DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. ABCMR Record of Proceedings (cont) AR20190010591 4 1